Rain v. Thomas
Supreme Court of Florida
Appeal from Alachua Circuit Court. This was a motion to dismiss the appeal upon the ground that the appellant had failed to file a copy of the proceedings in the cause with the clerk of this court on or before the first day of the term as required by law. The facts appear in the ■ : opinion.
1Opinion of the CourtRandall, C. J.
At the last January term the appellee, by his attorney, presented a certificate of the clerk of the circuit court that an appeal had been obtained in this cause, and a bond given upon taking the appeal, and upon this certificate made a motion to dismiss the appeal, the record not having been filed on the first day of the term of this court next succeeding the taking of. the appeal. By an indorsement upon the record, it appears that the appeal bond was filed on the 29th November, 1868, and approved by the clerk. The next ensuing term of this court commenced January 12th, 1869, being more than…
2Cases cited1 opinion
- Tallahassee Railroad v. HaywardSupreme Court of Florida · 1852
3Cited by4 opinions
- Kimball Lumber Co. v. RugeSupreme Court of Florida · 1890
- Town of Enterprise v. State ex rel. Attorney GeneralSupreme Court of Florida · 1888
- Pontier v. JeffaresSupreme Court of Florida · 1889
- Savannah, Florida & Western Railway Co. v. SessomsSupreme Court of Florida · 1898