Legal Opinion · Dissent

Glasser, Kuder & Ottensoser v. Hackett

Supreme Court of Florida

Decided January 15, 1896Published

Writ of Error to tlie Circuit Court for Bradford county. The facts iu the case are stated in the opinion of the court. Motion to dismiss Writ of Error.

1Dissent

Mabry, C. J.:

[dissenting).

I have been unable to get my consent to the views expressed in the foregoing opinion as to the effect of suing out the second writ of error while the first one was pending in this court, and effectual in every respect so far as the bringing of the case and the parties *365here.' After the motion was made to dismiss the first-writ of error, but before there was any disposition of the motion, or of the case here, the second writ of error was sued out, and we had in fact two writs of error operating or purporting to operate upon the same judgment at the same time. It has…

2Cases cited11 opinions

  1. Allen, Ball & Co. v. Mayor of SavannahSupreme Court of Georgia · 1851
  2. Garrick v. ChamberlainIllinois Supreme Court · 1880
  3. Quinebaug Bank v. TarboxSupreme Court of Connecticut · 1850
  4. Loring v. WittichSupreme Court of Florida · 1878
  5. State v. MitchellSupreme Court of Florida · 1892

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