Reese v. Damato

Citations

• 44 Fla. 692

Syllabus

<p>íl. A writ of error will not, upon the suggestion of the defendant in error, be dismissed on the ground that the transcript of the record shows no jurisdiction in the court iielow because the original affidavit for attachment was not embraced therein, where it contains the amended : affidavit for attachment, defendant’s traverse, thereof, the trial, verdict and judgment for defendant, as directed by ■plaintiff in error, and no additional directions for making up the Vecord were given by defendant.</p> <p>Í2. A defendant in error in a common law proceeding is not entitled to assign or have the appellate court consider alleged errors in the proceedings committed against him by the trial court.</p> <p>S. If an appellate court tries the cause ae novo, enters its own judgment upon such trial and enforces such judgment by its own process, writ of error therefrom will while pending prevent the judgment from which it was taken, being used as an estoppel; but where the court issuing the writ of error does not try the cause de novo, but upon the record upon errors assigned, ^having power to affirm, reverse or modify the judgment appealed from or to enter '¡its own judgment upon the case made by the record alone, even though it possesses power to enforce it by its own process, such writ of error either with or without a supersedeas will not while pending have the effect or suspending or annulling the effect of the judgment from which it was taken so as to divest such judgment of its force as an estoppel.</p> <p>■4. The record oí the judgment of a Circuit Court is not rendered inadmissible in evidence when offered as an estoppel in another action between the same parties, by the fact that when offered in evidence a writ of error therefrom with supersedeas was pending in the Supreme Court.</p> <p>5. A judgment that defendant “go hence” and “recover his costs,” entered upon a verdict for defendant at the trial of the issues raised by plaintiff’s affidavit in attachment and the