Smith v. Dillard

This is a motion to dismiss the writ of error. The ground of the motion is that writ of error was illegally issued because the plaintiffs in error, who were the original plaintiffs, had not prior to the issuance of the *517writ of error, paid all costs which had accrued in and about the said suit up to that time.

Upon authority of Callison v. A. C. L. R. R. Co., 82 Fla. 516, 90 South. Rep. 619, construing section 2908 of the Revised General Statutes, a writ of error may.be dismissed upon the ground stated in this motion.

The writ of error was issued and duly recorded in the minute book of the…