Redmond v. W. M. Donaldson & Co.

Citations

• 35 Fla. 167

Syllabus

<p>1. If any advantage can be taken of the failure of the clerk to transcribe into the memorandum book the praecipe before issuing the original summons ad respondendum, it must be done in the Circuit Court, and can not be raised primarily in the appellate court. So decided in Jacksonville & Atlantic R. R. Co. vs. Woodworth, 26 Fla. 368, 8 South. Rep. 177, before the appeal was taken in this case.</p> <p>2. Where an appeal is frivolous, and, in the opinion of the court, was sued out merely for delay, damages for taking such appeal will be allowed by the appellate court. The present case comes within the rule, and ten per cent, damages are allowed as for a frivolous appeal.</p>