Alabama Coal Co. v. Bowden

Citations

• 44 Fla. 163

Syllabus

<p>1. A writ of error from the Supreme Court, to review the judgment of a Circuit Court refusing a peremptory writ of mandamus to compel the sheriff to approve a forthcoming hond tendered him by the defendant in an action of replevin instituted in such Circuit Court, and to redeliver to such defendant the property taken by virtue of the writ of replevin as provided by Section 1719 Revised Statutes, will be dismissed, where, after the writ of error was sued out, the replevin suit came on for trial resulting in verdict and judgment for plaintiff in replevin, and such judgment upon writ of error taken to the Supreme Court by defendant in replevin, has been affirmed.</p> <p>2. A writ of error from a judgment refusing a peremptory writ of mandamus will be dismissed, where it appears to the appellate court that nothing of practical benefit to the plaintiff in error can be accomplished by a decision of the questions -involved in such writ of error, whether the decision he for or against him.</p>