Swain v. London & Lancashire Fire Insurance
Supreme Court of Florida
This case was decided by the Court En Banc. Appeal from the Circuit Court for Duval County. The facts in the case are stated in the opinion of the Court.
1Opinion of the CourtCarter, J.
The appellee moves to dismiss this appeal upon the ground, among others, that the return day is not designated with sufficient certainty in the entry of appeal, so that the record of such entry will give this court jurisdiction over the person of the appellee. The entry states that the appeal is taken “to the January Term, A. D. 1905, of the Supreme Court of the State of Florida.” This language means that the appeal is taken to the first day of the January term as no particular day of the term is mentioned (Nicholls v. Marshall, 10 La. O. S. 110; Hare v. Niblo, 4 Leigh (Va.) 359; Gas Company…
2Cases cited2 opinions
- Garrison v. ParsonsSupreme Court of Florida · 1899
- Gas Co. v. WheelingWest Virginia Supreme Court · 1873
3Cited by1 opinion
- Griffith v. HendersonSupreme Court of Florida · 1906