Whitaker v. Sparkman
Supreme Court of Florida
Appeal from the Circuit Court for Hillsborough county. Motion to dismiss Appeal. STATEMENT. There is a motion to dismiss an appeal taken from an order of the Circuit Court of Hillsborough county dismissing an appeal prosecuted to that court from an order of the County Judge of the same county, in the exercise of his probate powers.
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Appeal from the Circuit Court for Hillsborough county. Motion to dismiss Appeal. STATEMENT. There is a motion to dismiss an appeal taken from an order of the Circuit Court of Hillsborough county dismissing an appeal prosecuted to that court from an order of the County Judge of the same county, in the exercise of his probate powers. The appellant, the administrator cle bonis non of the estate of J. T. Evers, had filed in such County Judge’s court on April 21, 1891, a report which represented, in effect, that there was in his hands as such administrator a balance, ‘‘including lot in Plant…
1Opinion of the Court
Ranev, C. J. :
The order of the Circuit Court dismissing the appeal does not specify the ground influencing its judgment. Of course it was not necessary that it should do so, but as no attempt is made to sustain his action on the basis of the second ground of the motion, and as the appeal was perfected within the time then prescribed by the statute, sec. 21, p. 328, McClellan’s Digest, that time being “within twenty days after the making of the said judgment, order or decree,” and as the County Judge had no power to limit or extend the time for appealing, and thereby suspend the statute,…
2Cases cited18 opinions
- St. Louis, Iron Mountain & Southern Railroad v. Southern Express Co.Supreme Court of the United States · 1883
- Williams v. MorganSupreme Court of the United States · 1884
- Grant v. Phoenix Ins. Co.Supreme Court of the United States · 1882
- Stovall v. BanksSupreme Court of the United States · 1871
- Thomson v. DeanSupreme Court of the United States · 1869
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3Cited by3 opinions
- Camp Phosphate Co. v. AndersonSupreme Court of Florida · 1904
- Judson Lumber Corp. v. PattersonSupreme Court of Florida · 1914
- Brooks v. Galicia Steamship Co.District Court of Appeal of Florida · 1970