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C. W. Zaring & Co. v. Humphreys

C. W. Zaring & Company, a Corporation, in Error v. A. Lee Humphreys, in Error

C. W. Zaring & Co. v. Humphreys, 65 So. 665 (Fla. 1914)
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Court
Supreme Court of Florida · State Highest Courts
Decided
June 17, 1914
Judges
Cockrell, Shackleford, Taylor, Whitfield
Citations
65 So. 66568 Fla. 6
Syllabus
1. ' A judgment for costs alone, though entered for the defendant after a verdict in his favor, will not support a writ of error, since such a judgment does not adjudicate the merits of the cause or dispose of the action, and is consequently not a final judgment. 2. Where a writ of error purports to be taken to a final judgment, and no final judgment appears in the transcript of the record proper, the court should not proceed to consider the errors assigned, but should dismiss the writ of error, whether a motion be made for that purpose or not.
Summary
Writ of Error to the Circuit Court for Suwannee County; M. F. Horne, Judge. Writ of Error dismissed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

In an action brought by the corporation against A. Lee Humphreys as an endorser before delivery of certain promissory notes, there was a directed verdict for the defendant, on which a judgment was rendered that “the defendant, A. Lee Humphreys, do have and recover of and from the plaintiff, C. W. Zaring & Company, a Corporation, * * * the sum of five and 40-100 dollars here taxed as his costs.” There was no other judgment for the defendant. A writ of error was taken by the plaintiff corporation.

A judgment for costs alone, though entered for the defendant after a verdict in his favor, will not support a writ of error, since such a judgment does not adjudicate the merits of the cause or dispose of the action, and is consequently not a final judgment. Graves v. J. M. Harris & Bro., 61 Fla. 234 , 54 South. Rep. 390 ; Dexter v. Sea *8 board Air R. Co., 52 Fla. 250 , 42 South. Rep. 695 ; Hall v. Patterson, 45 Fla. 353 , 33 South. Rep. 982 ; Goldring v. Reid, 60 Fla. 78 , 53 South. Rep. 503 .

Where a writ of error purports to be taken to a final judgment and no final judgment appears in the transcript of the record proper,.the court should not proceed to con-' sider the errors assigned, but should dismiss the writ of error, whether a motion be made for that purpose or not Flournoy v. Interstate Electric Co., 61 Fla. 214 , 55 South. Rep. 983 .

Attention is called to the fact that the transcript does not contain an exception to the order overruling the motion for a new trial.

The writ of error is dismissed.

Shackleford, C. J., and Taylor, Cockrell and Whitfield, J. J., concur.

Hocker, J., absent.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1923: 11929: 11930: 11931: 21955: 119232026peak 1931 · 2

Relies on it most ⓘ

  1. All Florida Surety Co. v. Coker79 So. 2d 762 (Fla. 1955)
  2. First Natl. Bk. of Lake City v. Landress136 So. 469 (Fla. 1931)
  3. American Soda Fountain Co. v. Plaza Marina, Inc.136 So. 469 (Fla. 1931)
  4. In re Estate of McDade1923 OK 476, 218 P. 532
  5. State Road Department v. Crill128 So. 412 (Fla. 1930)
  6. Martin v. Hosmer124 So. 18 (Fla. 1929)

Most recent

  1. All Florida Surety Co. v. Coker79 So. 2d 762 (Fla. 1955)
  2. American Soda Fountain Co. v. Plaza Marina, Inc.136 So. 469 (Fla. 1931)
  3. First Natl. Bk. of Lake City v. Landress136 So. 469 (Fla. 1931)
  4. State Road Department v. Crill128 So. 412 (Fla. 1930)
  5. Martin v. Hosmer124 So. 18 (Fla. 1929)
  6. In re Estate of McDade1923 OK 476, 218 P. 532

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Hall v. Patterson, 45 Fla. 353 (1903) 24
Goldring v. Reid, 60 Fla. 78 (1910) 14
Dexter v. Seaboard Air Line Ry., 52 Fla. 250 (1906) 8
Flournoy v. Interstate Elec. Co., 61 Fla. 214 (1911) 5

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