Price v. Broward

Citations

• 39 Fla. 194

Syllabus

<p>X. An -appeal in an action at law entered in open court before the ¡Revised Statutes went into effect, in compliance with the -statute then in force, was of itself notice to an appellee; but -an attempted entry of such an appeal in violation of the statute regulating the same afforded no such notice.</p> <p>Aa appeal was entered, before the Revised Statutes went into effect, within thirty days of the commencement of the next •succeeding term of the Supreme Court, and was made returnable not to a day in said term, but to the next succeeding term. Held, That the appeal should have been entered to a -day in the next succeeding term of the appellate court, and .that the appeal entered, passing over, as it does, such term, and the going to a succeeding term, was forbidden by statute, and so defective and irregular on this account as to give no notice of itself of any appeal and to cause a dismissal.</p>