Cook v. Cook
Supreme Court of Florida
Writ of Error to Circuit Court for Escambia county. The order of dismissal, after stating the court and the title of the case, is as follows : The plaintiff having failed to file a declaration herein on the next succeeding rule day to which suit was brought, as required to do by rule 13, the case, therefore, stands dismissed at said plaintiff’s cost. E. E. DE la Rua, June 6,1881. Clerk Circuit Court, The other facts of the case are stated in the opinion.
1Opinion of the Court
Mr. Justice Westcott .
delivered , the, opinion of the court.
This case involves the question as to what1 constitutes a final judgment and' the construction of Rule 13 of -the Rules of Practice in the Circuit • Courts of this State in common law actions. This rule provides that “ all declarations shall be filed on or before the rule day to- which’ the process is made returnable. If not thus filed no default for want of appearance shall be entered. If the declaration is not filed on the next succéeding rule day-thereafter the case shall stand dismissed at the cost of plaintiff’, and the clerk…
2Cases cited3 opinions
- McKinnon v. McCollumSupreme Court of Florida · 1855
- Coons v. HarlleeSupreme Court of Florida · 1880
- Myerson ex rel. Forcheimer v. Home Insurance of Columbus, OhioSupreme Court of Florida · 1876
3Cited by7 opinions
- Gates v. HaynerSupreme Court of Florida · 1886
- Roten v. StateSupreme Court of Florida · 1893
- Hewitt Ex Rel. Estate of Hewitt v. International Shoe Co.Supreme Court of Florida · 1933
- Schwenck v. JacobsSupreme Court of Florida · 1948
- Ball Bros. v. HollandSupreme Court of Florida · 1918
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