*1
State,
laws
which the Courts
United
judicial
States take
notice. The averment that
bonds held
the laws
sion of law
pursuant
were executed
State,
is but a statement of a conclu
which is not admitted
demurrer. The
fatally
declaration is
defective
stating
for not
necessary
facts
judge
enable the court to
for itself
whether that conclusion
any
of law has
foundation in
Pumpelly
fact.
Bay Co.,
v. Green
Affirmed. and Brown, J.J.,
Ellis Whitfield, P.J., J., opinion concur in the Davis, judgment.
Bagdad Land Plain Company, and Lumber corporation, Error, vs. Jesse O. Boyette, in his own behalf Vicey wife, oh behalf of Boyette, his
En Banc. Opinion filed December 1931. January 5, Writ of error reinstated 1932. *2 Maxwell, Plain- for and E. G. & Pasco & Brown Watson Error; in in for McGeachy, A. B. transcript appears the Commissioner.'—-It Mathews, a upon had a trial was
of the filed herein that record for de- that a verdict sounding in tort and declaration in fendant error was rendered.
No of any appears sort in the transcript and the Clerk’s certificate is that the contains * * * * * * transcript “a correct of the record in the case and a copy papers true correct recital and of all such proceedings appears upon in said the cause as the my records and of officethat have been directed to files transcript by in be included said the written demands of parties.” the said making up for
The directions to the Clerk the tran- require script rule, the the record, of the do not transcript; the in but as included the requires that it rule the certificate the Clerk to state transcript judg- “a correct of the record of the contains required case”, together matters ment in the with other duty it is the “by parties”, the written demands of in the record transcript the Clerk to include or order judgment, copy of the decree cases a correct all taken, is of error appealed or to which writ from should error, appellant, though for in or counsel ab- up, properly made since that the record see or order judgment, decree of the sence or of error jurisdiction is without court appeal must be dismissed. of error statute, writs
Under Sections new trials. orders or from judgments (2905) Compiled General Laws of Florida 1927. upon final judgment
Where no
the merits of the cause
appears
an action at law
brought
Supreme Court on a
to the
writ
be dismissed
judgment,
such a
at
cost
the plaintiff
in error.
Jones v. Tyler, 58
283; Flournoy
Fla.
v. Interstate Electric Co.,
214, 55
Sylvester,
232,
Under the Section 4606 (2905) Compiled General 1927, Laws Florida writs of error final judgments and from orders trial, new and when a car- by ried error to the court for review cause, fails to show a final such writ by proprio the court dismissed ex motu. 299, 414; & R. Berry, N. Co. v. Louisville Lewis, vs. McKinnon v. Sylvester, supra. being transcript,
There no final writ of error is dismissed.
Per Curiamd —The record in having this cause been con by court, sidered foregoing opinion prepared Chapter 14553, (Extra Acts of 1929 Sess.), adopted opinion, the court as its there being no judg ment it considered, ordered and de creed the court that be, and the is, hereby same dismissed.
- Buford, C.J., Whitfield, Ellis, Terrell, Brown and Davis, J.J.,