J. W. PRESTON, AS MARSHAL AND EX-OFFICIO TAX COLLECTOR OF THE CITY OF ORLANDO, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA EX REL. H. W. METCALF AND A. F. WILLIAMS, DEFENDANT IN ERROR

Fla. | 1901-06-01
43 Fla. 401 Florida Supreme Court (1901) Positive Treatment
Cited by 2 cases

Opinion of the Court
Per Curiam.

Per Curiam.

This cause having been regularly reached on the docket for final determination and was referred by the court to its Commissioners for consideration, and they having reported the same for dismissal, and it appearing to the court that the scire facias ad audiendum errores in the cause was issued on the 28th day of January, 1897, returnable the 2nd dav of March of the same year, the same being a day within the term of this court during which said writ was issued, and further that no appearance has 'been made in this court by defendant in error or waiver of theklefect in said writ, it is therefore ordered that said cause be and the same is hereby dismissed.


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  • Knabb v. Reconstr. Fin. Corp., 144 Fla. 110 (Fla. 1940)
    …s suit by the real party in interest, whether the notes were endorsed or assigned without endorsement. Jordan' v. John Ryan Co., [*121] 35 Fla. 259, 17 South. Rep. 73; Withers v. Sandlin, 36 Fla. 619, text 628, 18 South. Rep. 856; Little v. Gradley, 43 Fla. 401, 31 South. Rep. 342. “III. Under the fifth assignment of error it is urged that the court erred in permitting the endorsement of the notes in question by the payee pending trial. It does not appear except from the assignment of error that the rulin…

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