Florida Central & Peninsular Railrod v. Peacock

Citations

• 44 Fla. 176

Syllabus

<p>1. A -writ of 'error issued thirty days before the term of the appellate court to which it is returnable, and not recorded until six days before the first day of the term, may be dismissed for a failure to record the writ as provided, by the statute, but this defect may be waived by a general appearance of the defendant in error.</p> <p>2. Where the transcript of the record shows that the suit in the Circuit Court was between a certain named person as plaintiff, and a certain named corporation as defendant, and the certificate thereto states that it contains a correct ■ transcript of the record of the judgment, «fee., in the case of the same named plaintiff, and an entire different corporation as defendant, the writ of error will be dismissed on account of such defect, unless amended by leave of the court.</p> <p>3. Although assignments of error are presented to the judge when the bills of exception are, made up and settled, of ■which the opposite party had due notice, yet if no assignments of error are filed with the clerk upon which to make up the transcript, and none served upon the opposite party or his attorney as required by the rules for making up transcripts of- record, and no notice is given that plaintiff in error would rely in the appellate court upon the assignments presented as a guide for making up the hills of exceptions, and that the transcript would he made up thereon, the writ of error will he dismissed, on motion made after the return day of the writ.</p>