Callison v. Atlantic Coast Line Railroad

Citations

• 82 Fla. 516
• 90 So. 619

Syllabus

<p>1. The statute (Sec. 2908 Revised General Statutes) provides that “no writ of error shall be granted to the original plaintiff in any suit unless said plaintiff shall-first pay all costs which may have accrued in and about the said suit up to the time when said writ of error shall be prayed.” Held; that the payment of all costs which may have accrued in and about the said suit up to the time a writ of error is prayed is an indispensible prerequisite to the right of the original plaintiff to demand a writ of error and that the payment by him of such costs only as shall have been previously incurred in such litigation by said original plaintiff is pot a compliance with the statute.</p> <p>2. A writ of error will be dismissed on motion made for that purpose where plaintiff in error was the original plaintiff and had not previous to suing out his writ of error paid all costs incurred in the court below.</p>