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

Per Curiam.

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.

Shackleford, J., being disqualified, took no part in this decision.

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.)