30 Fla. 220 | Fla. | 1892
Webster recovered a joint judgment for $925.45 against Antonio Solary and Thomas N. Anderson, June 5th, 1890. Solary entered an appeal in the name of himself and Anderson, on the 10th day of the same month, to the January Term, -1891, of this court; and on the 5th day of July, Solary, by his attorney, H. H. Buckman, who had been attorney for both. Solary and Anderson in the action, and who had acted for Solary in entering the appeal, filed a praecipe for citation to Anderson, and on the same day citation issued to Anderson, citing and admonishing him to appear at the stated January Term of this court “and join in the prosecution of the appeal, or else severance would be had,” etc., etc. Service of this writ was accepted for Anderson by the named counsel as attorney for Anderson on the same day; on which' day also Solary filed an appeal bond executed by himself and one surety, payable to Webster, reciting the fact of the recovery of the judgment, and of the entry of the appeal by the defendants, and conditioned that Solary and the surety should pay, etc.; which bond was approved by the clerk. Citation, reciting the judgment and the entry of the appeal therefrom by the defendants, issued to Webster to appear at the mentioned term of this court and show cause why the judgment should not be reversed, and service thereof
The motion is denied.