Gerig v. Diamond Phosphate Co.

Citations

• 37 Fla. 335

Syllabus

<p>1. It is the rule of this court, established by previous decisions, that there must be a scire facias, or citation, returnable with the writ of error, or appeal, and service of the scire facias, or citation, within the time prescribed by statute before the return ' day of the cause; otherwise the writ of error, or appeal, fails and will be dismissed.</p> <p>2. The appeal in this case dismissed upon • showing that it was entered more than thirty days before the January term, 1896, of this court, and the citation was not issued until the 11th day of January of this year—only three days before the return day of the cause—and was made returnable to the 25th day of February following.</p>