Bishop v. I. L. Lyons & Co.
Supreme Court of Florida
Bishop v. I. L. Lyons & Co., 43 Fla. 445 (Fla. 1901)
Bishop v. I. L. Lyons & Co.
Opinion of the Court
This cause being reached in its regular order on the ■docket for final adjudication was referred by the court to its Commissioners for examination, and they report that the writ of error therein was issued on a day in the June term, 1896, of this; court and was made returnable to a day within said June term, 1896, in violation of law, and is therefore void, and the court upon examination finding such report to be true, it is, therefore, hereby ordered that the said cause be, and the same is hereby, stricken from the dockets of this court. Savannah, Florida & Western Ry. Co. v. Justice, 41 Fla. 508, 26 South. Rep. 704; Payne v. Roche, 41 Fla. 478, 27 South. Rep. 29.
Reference
- Full Case Name
- John A. Bishop, Doing Business as West Coast Drug Co., in Error v. I. L. Lyons & Co., in Error
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Appellate practice — Writ of error, how made returnable. A writ of error issued on a day within a pending term of the appellate court and made returnable to a day within the same term, violates the law and is void, and the case thereby attempted to be brought to the appellate court will be stricken from its dockets.