Hart v. Cotten

Citations

• 44 Fla. 172

Syllabus

<p>1. Under special rule 6, adopted' by the Supreme Court October 26, 1897, transcripts upon writs of error in habeas corpus cases must be made up and certified in accordance with the requirements of Circuit Court rule 103; and where ' a transcript in such a case is not certified in accordance with that rule the writ of error will be dismissed.</p> <p>2. A judgment rendered in a habeas corpus proceeding for the custody of a child, reciting that the cause came on to be heard upon the petition and answer and jipon testimony adduced by the respective parties, that the argument of .counsel was heard, and the cause considered by the court, that the court finds that petitioner is the legal guardian and entitled to the custody of the infant, but that the testimony produces a doubt whether petitioner has not consumption, and therefore whether her health is not such as to endanger the health of the infant by .personal association, and ordering and adjudging that the infant remain in the custody of the respondent until the further order of the court, to be made upon further application in the same cause by the petitioner, is essentially interlocutory in character, and not a final judgment from which a writ of error lies in- behalf of respondent.</p>