Preston v. State ex rel. Metcalf

Citations

• 43 Fla. 401

Syllabus

<p>Appellate practice — Scire facias art aurtienrtum errores, bow returnable.</p> <p>A writ of scire facias art aurtienrtum errores issued on January 28th, 18i)7, a day witliin a pending term of the appellate court, and made returnable to a day within the same term, can not be effectual to give such court jurisdiction over the per. son of the defendant in error served therewith; and, if lie in nowise appears nor waives such defect in said writ, the cause will be dismissed.</p>