Driggs v. Higgins

Citations

• 19 Fla. 103

Syllabus

<p>1. Twenty-five days must intervene between the issuing of a writ of error and the first day of the term of the Supreme Court to which it is returnable. Where such time did not intervene between the date the writ was issued and the first day of the term, and the scire facias ad audiendimi errores was not served twenty-five days “ previous to the first day of the term of the Supreme Court ” to which it is returnable, the writ must be dismissed for want of conformity to the statutory requirements.</p> <p>% A writ of error returnable to a day to which such writs are not returnable by law cannot be amended by inserting a day to which it should have been returnable, such day being now passed, and a service to it being impossible. In such case where there is not a voluntary appearance the writ must be dismissed.</p>