73 Fla. 1048 | Fla. | 1917
In habeas corpus proceedings the petitioner was discharged. The Chief of Police took writ of error to the judgment by filing a praecipe therefor
A writ of error to a judgment in a habeas corpus proceeding issued by the Clerk of the Circuit Court, without the allowance thereof- either by. the judge who heard the cause or by a justice of the Supreme Court, is a nullity. State ex rel. Porter v. Vinzant, 49 Fla. 130, 38 South. Rep. 366; Wright v. State, 32 Fla. 472, 14 South. Rep. 43; Hardee v. Brown, 56 Fla. 377, 47 South. Rep. 834, text 380.
While the plaintiff in error was entitled to a writ of error, an order granting it is necessary under the statute.
Dismissed.