Carter v. Warnock
Carter v. Warnock
Opinion of the Court
The plaintiff in error as relator below filed his petition in the Circuit Court of Citrus County against the defendant in error as Clerk of the Circuit
The ruling of the Circuit Judge denying this motion is in no sense of the word such a final judgment as will support writ of error. No final disposition of the cause •is made by the ruling sought to be reviewed, but it is simply an order denying the relator’s motion to strike certain grounds of the respondent’s, answer. In mandamus, as well as in other actions at law, there must be a final judgment before writ of error will lie to review the proceedings. It follows that the writ of error herein must be, and is hereby, dismissed at the cost of the plaintiff in error.
Reference
- Full Case Name
- George R. Carter, in Error v. Walter F. Warnock as Clerk of the Circuit Court of Citrus County, in Error
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Mandamus — Final Judgment Necessary in to Support Writ of Error. In mandamus, as well as in other actions at law, there must be a final judgment before writ of error will lie to review the proceedings.