United States Mutual Accident Ass'n v. Weller

Citations

• 30 Fla. 210

Syllabus

<p>t. A writ of error from the Supreme to the Circuit Court, which is addressed to the judge of the latter court, and commands him to send the record of the cause to the former court, and which describes the parties to the judgment sought to be reviewed precisely as they are described in the record of the Circuit Court, is in due form as to the points indicated.</p> <p>2. A writ of error which has been duly served is not abated by the subsequent marriage of a female defendant in error who was a feme, sole when she recovered the judgment sought to be reviewed by the writ, but the suit in error will proceed against her as if she had remained unmarried.</p> <p>8. Where a scire facias ad aiidiendum errores describes correctly, in its recital, the parties to the judgment complained of, but in the citing part brings in parties whose names do not appear in the writ of error, the irx-egularity in the scire facias may be cured by amendment.</p> <p>4. Where, in the citing part of a scire facias ad aucliendum errores, a party is described as guardian of another, and the former party is described in the recital of such writ and in the writ of error, as the next friend of the latter party, the word “guardian” will be construed to mean “next friend,” and the variance held immaterial.</p> <p>5. It is not material that a second, or alias scire facias ad ccucliendam errores, was issued without an order or rule of court, the first or original not having been served.</p>