24 Fla. 42 | Fla. | 1888
delivered the opinion of the court:
In each of the above causes an application has been made
When, however, it is desired to have a writ of error in a civil action operate as a supersedeas to the judgment which it is sought to have reviewed, an order to be made in the manner provided by the statute, and bond with surety, are requisite to give the writ this effect, but not to simply obtain the writ. Ibid.
As to the condition of supersedeas bonds see last paragraph of the opinion in Simmons vs. Spratt, 22 Fla., 370, 374.
In criminal cases writs of error do not issue without a judicial order allowing them. State vs. Newman, 24 Fla., 33; s. c. 3 So. Reptr., 467; McC.’s Dig., sec. 4, p. 455, and sec. 11, pp. 456-7. This is also true of writs of error in habeas corpus cases, yet the practice in proceedings on error in such cases is regulated by the habeas corpus act, and not by the general statute governing writs of error in criminal