State ex rel. Purvis v. Palmer
Supreme Court of Florida
This case was decided by the court En Banc. This is a case of original jurisdiction. The facts in the case are stated in the opinion of the court.
1Opinion of the CourtWhitfield, C. J.
This is an application for a writ of mandamus to require a Circuit Judge to fix the amount and condition of a supersedeas bond in an appeal from a final decree in a real estate mortgage foreclosure proceeding. The right and procedure to secure a supersedeas of a judgment or decree are purely statutory, and the statutes must be pursued.
Sections 1701 and 1909 of the General Statutes provide that every writ of error shall operate as a supersedeas if sued out during the session of the court at which the judgment was rendered, or within thirty days thereafter, if, within said time the plaintiff in…
2Cases cited3 opinions
- Dickerson v. Tishomingo CountyMississippi Supreme Court · 1908
- Hathcock v. Societe AnonymeSupreme Court of Florida · 1907
- Wheeler & Wilson Manufacturing Co. v. JohnsSupreme Court of Florida · 1896
3Cited by3 opinions
- Holgate v. JonesSupreme Court of Florida · 1927
- Fidelity & Deposit Co. of Maryland v. Atlantic National Bank of JacksonvilleDistrict Court of Appeal of Florida · 1970
- Silver Beach Investments of Destin, LC v. Silver Beach Towers Property Owners Ass'nSupreme Court of Florida · 2017