Baker v. Chatfield
Supreme Court of Florida
Writ of Error to the Circuit Court for Putnam County. This was a motion “ to strike from the record of said case the bill of exceptions and all the evidence and other matters contained therein, and all in the record, because, the appeal having been abandoned and writ of error adopted in lieu thereof, .the said bill of exceptions and all matters of evidence and other things contained therein are improperly made part of said record.”
1Opinion of the CourtJustice Raney
The abandonment of an attempt to perfect an appeal in a common law action under our statutes, or in other words the failure or omission after having entered an appeal to give the required bond within the thirty days allowed by the statute, is not a bar to the suing out a writ of error to the same judgment after the expiration of the thirty days, and within two years from the date of the judgment. An appeal in the common law action is spoken of as a statutory substitute for a writ of error in the decisions of this court. Hall vs. Penny, 13 Fla., 593. Its ad’option as a means of reviewing the…
2Cases cited1 opinion
- Hall v. PennySupreme Court of Florida · 1869
3Cited by2 opinions
- DaCosta v. DibbleSupreme Court of Florida · 1903
- DaCosta v. DibbleSupreme Court of Florida · 1903