Cotter v. Holmes
Cotter v. Holmes
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 investigation, who- report the same for dismissal. The court, after due consideration, finds that the appeal attempted to be entered therein on the thirteenth of August, 1897, is made returnable “to the Su
Reference
- Full Case Name
- William T. Cotter v. Charles Holmes
- Status
- Published
- Syllabus
- Appellate Practice—Entry of Appeal—What Must Contain—And Where to be Recorded. Where an appeal in chancery, entered on the thirteenth of August, 1897, is made returnable “to the Supreme Court • of Florida, A. D. 1898,” without naming any day or term of the court in said year, 1898; when it is returnable, and such entry of appeal is entered in the minutes of the Circuit Court instead of in the Chancery Order Book, as required hy law, it is ineffectual as notice to the appelleee therein under the provisions of Chapter 4528 laws, approved May 7th, 1897; and where the appellee in such case in no manner appears in the appellate court such appeal will he dismissed.