Stewart v. State

Supreme Court of Florida
Stewart v. State, 42 Fla. 196 (Fla. 1900)

Stewart v. State

Opinion of the Court

Per Curiam :

Upon taking up this cause for final adjudication the court is confronted with the fact that the writ of error therein, issued by the clerk of the Criminal Court of Record of Hillsborough county, is tested in the name of the Judge of the Criminal Court of Record, instead of in the name of the Chief-Justice of the Supreme Court,. as is required by law (ยง1270 Rev. Stats.). This is tantamount to no writ of error at all, and no application being made to- amend, even if such amendment could properly be made, the said writ is, therefore, hereby dismissed. Knight v. Weiskopf, 21 Fla. 157; Joost v. Elliott, 20 Fla. 924.

Reference

Full Case Name
Samuel Stewart and Lennie Stewart, in Error v. The State of Florida, in Error
Cited By
1 case
Status
Published
Syllabus
Appellate Practice โ€” Writ of Error How Tested. Under Section 1270 Revised Statutes writs of error from the Supreme Court must be tested in the name of the Chief-Justice of such court; and if tested in the name of the trial court judge, it is tantamount to no writ of error at all, and will be dismissed by the court sita sponte.