McRainey v. Jarrell

Parkhill, J.,

(Concurring.)

For the reasons pointed out in my dissenting opinions in Porter v. Ewing, 51 Fla. 265, 39 South. Rep. 993; Dees v. Cassels, 54 Fla. 485, 44 South. Rep. 1013, I think that, instead of dismissing the writ of error herein absolutely because of the defect in the Clerk’s certificate to the transcript of the record, an order should be made that the submission of this case be set aside, and that the plaintiff in error be permitted to append to the transcript a certificate in the form prescribed by the rules, serving a copy thereof upon defendant in error within a reasonable…