Judges: PER CURIAM. —
Attorneys: Hampton Bull, for Plaintiff in Error.
Jordan Hill, for Defendant in Error.
Filed: Jul. 26, 1930
Latest Update: Mar. 02, 2020
Summary: This case is here upon writ of error taken to a final order of the Circuit Court of Hillsborough County dismissing *Page 295 the proceedings after granting a motion to quash an alternative writ of mandamus theretofore granted and issued by said court requiring the county judge of said county to forthwith proceed to settle a certain bill of exceptions as of October 16, 1928, or show cause why he had failed to do so, in a case wherein Norman V. Peterson et al. were plaintiffs and the Globe and Rut
Summary: This case is here upon writ of error taken to a final order of the Circuit Court of Hillsborough County dismissing *Page 295 the proceedings after granting a motion to quash an alternative writ of mandamus theretofore granted and issued by said court requiring the county judge of said county to forthwith proceed to settle a certain bill of exceptions as of October 16, 1928, or show cause why he had failed to do so, in a case wherein Norman V. Peterson et al. were plaintiffs and the Globe and Rutg..
More
The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the order of the Circuit Court sustaining the motion to quash the writ of mandamus and dismissing the proceedings should be and the same is hereby reversed, and the Judge of the County Court directed to proceed to settle and sign the proposed bill of exceptions covering the matters necessary for a review of the point alleged as error wherein the trial court refused to admit in evidence the said return registry receipt with the necessary accompanying testimony and rulings of the court thereon, which testimony, so the alternative writ alleges, the trial judge admitted was substantially correct."
TERRELL, C. J. and WHITFIELD, STRUM, BROWN and BUFORD, JJ., concur.
ELLIS, J., not participating.
