Ghira v. Foster
Supreme Court of Florida
Ghira v. Foster, 46 Fla. 196 (Fla. 1903)
Being, Shackleford, Took
Ghira v. Foster
Opinion of the Court
This cause came on- to be finally heard upon the transcript and abstracts of the record, and it appearing that the writ of error therein was issued on a day in the June term, 1898, of this court, to-wit: on June 16th, 1898, and was made returnable to a day within said June term, to-wit: January 9th, 1899, in violation of law and is, therefore, void, it is, therefore, considered by the court that said cause be and the same is stricken from the dockets of this court. Bishop v. Lyons, 43 Fla. 445, 31 South. Rep. 350.
Reference
- Full Case Name
- Dominga Ghira, as of the Last Will and Testament of Dominico Ghira, in Error v. Butler D. Foster, in Error
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 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. (ShacktiOFord, J., disqualified.)