The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1885-02-26
Aha 4. Kniwhn q a., H1niusi0tln Enur, ~ II
maA Ws1kopL Dsasndsass IN Ess0r-Da-
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Ala - Ksiga !. a. P.lssi1saa Enur, ~ n
WI esuuay.
RxHEx,J.:
/. n psper pusporting To be q wrif Of ssi,s
6ssiss q essdisndum eyrsra, which b nat tsussd,
and h otherwise iufurmal, and which b not
served by an authorized of1ccr. 10 not . legnl
writ
g. A writ Of scire Tacias I'd axdisatsm syr0r@
issuing from the Supreme Court, or by the Clerk
of Circuit Court, ~ q writ of the Supreme
Court, should be tested In the name Of the
Chinf Justice Of the Supreme Court Such .
writ cannot lawfully be tested in the name OF
the Clerk issuing h.
B. Presses Of the Supreme Court whether b.
sued By tn Clerk, or the Clerk OF the Circuit
Court, must be served by the Sheriff of the So
pFemc Court, ar his legally authorized deputy.
The Sheriff OF the county in which the Supreme
Court is held 10 the Sheriff of the Supreme Court
Section e. p. S37, Noes Digest tSec. IL. Act oil
Feb. 10, 1882 is not IN force.
Motion 70 dismiss writ Of error granted
NJ C. Jordan, for Plaintiffs in Error; A. w.
COckre i Son. f0r Defendants in Error
]. E T. Bowden ct al, Appellants. vs. Emily r.
Wilson Ell al, Appeilees-Duvai county.
RANEY, j..
!. Where case has been tried at a term of
the Circuit Court, and order has been entered
upon the minutes of the term, allowing time af-
ter the term for making up and signing a bill
of exceptions. an the Judge of such circuit, who
tried the case, becomes unable from sickness to
Rettle and sign the bill in vacation a Judge of
another circuit has power under section 4 OF
chapter 373, Laws of Florida, tSec 81 D. 337
Noes Dig. J to settle and sign it in vacation
within the time limited by the order
g When there has been no entry of such an
order in the minutes of the term AS provided by
RnL 10 nj fhn n,xlx.p h. Ill ~
exceptions will be struck from the transcript oil
the record filed in the Supreme Court on ap-
peal
Motion to strike bill of exception granted
F. F. L'Engte & Son, for Appellants A w.
Cockreil q Son, for Appellees
J. c. Greedy, Appellant vs. Fannie B. Percival
Ell al, Appellees-Duval county.
RANEY, j.:
l. Where there is verdict, and melton for q
new trial, and denial oil the motion, and sub
sequently, at the same term, there is q vacation
OF the order refusing new trial, and contin-
uance of the motion, and supersedeas granted
| and al the succeeding term of the court the mo-
ton for new trial is refused and final Judgment
| entered on the verdict, the latter term is the
| term OF the court at which the verdict is rem
| dered or trial had, within the meaning of Rule
| 81, of Circuit Court Rifles, prescribing the term
when a bill OF exceptions shall be made up and
signed a special order ter further time allow
| ed Such also would be the law had such judg-
| ment been in fact entered at the former term
2 Where there is an order made in term al
| lowing further time for making up and sign
| ing bill OF exceptions, and the bill
| bears date n signed within the time allowed
and there is mere recital in the record that the
| bill was signed after the expiration OF the TINT
nutac pro tunc, it will be assumed, even if
any effect is tp be given To the recital that the
bill was presented to the Circuit Judge within
| the time allowed and such bill will be treated
| by the Supreme Court properly before il.
| Motion TO strike bill of exceptions denied
| X. B. Archibald, for Appellant, A. W. Cock
| rell Il son, for Appellees