Oppenheimer v. Guckenheimer

Citations

• 34 Fla. 13

Syllabus

<p>1. The issuance and service of a seira facias ad audiendum errores are essential to give the appellate court jurisdiction of the person of the defendant in error; and without such writ and service this court can not adjudicate the case. But such writ and service are not necessary to give this court jurisdiction of the cause, and should the defendant in error file in this court a general appearance in a cause properly brought here by writ of error, the necessity for the issuance or service of the scire facias ad audiendum errores will thereby be waived.</p> <p>2. The defendants in error made a motion in this court to dismiss the writ of error issued in the cause on the ground that the plaintiff in error had not filed briefs within the time required by the rule of the court on that subject; on a subsequent day this motion, by leave of tlie court, was amended so as to recite that defendants in error came specially for the purpose of the motion, and for no other purpose, and moved the court to dismiss the writ of error because no briefs had been filed as required by the rule, and no scire facias ad audiendum errores had been issued in the cause or served fipon the defendants in error: Held, That by the motion as first made to dismiss the writ of error because no briefs had been filed, the defendants in error appeared generally in the cause, and it was a waiver of the issuance and service of the scire facias ad audiendum errores. ' ,</p>