LOUISVILLE AND NASHVILLE RAILROAD COMPANY, A CORPORATION, PLAINTIFF IN ERROR,
v.
W. J. BERRY, DEFENDANT IN ERROR
Taylor, J.
In this cause the record brought here on writ of error exhibits a verdict oí a jury in favor of Berry the plaintiff below against the plaintiff in error who was defendant below, but the record fails to show that any final judgment was ever rendered on this verdict by the court below.
Section 1691 of the General Statutes of 1906 provides that: “Writs of error shall lie only from final judgments, except as specified in section 1695.” The last named section provides for writs of error to review orders granting new trials. The writ of error herein must, therefore, be, and is hereby, dismissed at the cost of the plaintiff in error. Hocker and Parkhill, JJ., concur. Whitfield, C. J., and Shackleford and Cockrell, JJ., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bagdad Land & Lumber Co. v. Boyette, 104 Fla. 696 (Fla. 1931)…new trial, and when a transcript of record carried by a writ of error to the appellate court for review fails to show a final judgment in the cause, such writ of error will be dismissed by the court ex proprio motu. Louisville & N. R. Co. v. Berry, 58 Fla. 299, 50 So. 414; McKinnon v. Lewis, 72 Fla. 25, 72 So. 370; Wiggins vs. Sylvester, supra. There being no final judgment in the transcript, the writ of error is dismissed. Per Curiamd —The record in this cause having been considered by the court, and…
-
Wiggins v. Sylvester, 79 Fla. 232 (Fla. 1920)…new trials, and when a transcript of record carried by writ of error to the appellate court for review fails to show a final judgment in the cause, such writ of error will be dismissed by the court ex proprio rnotu. Louisville & N. R. Co. v. Berry, 58 Fla. 299, 50 South. Rep. 414; McKinnon v. Lewis, 72 Fla. 25, 72 South. Rep. 370. There being no final judgment in the transcript, the writ of error is dismissed. Browne, C. J., and Taylor, Ellis and West,, J. J., concur.…