Robert Allen & Co. vs. Flint River Steamboat Co.

Robert Allen & Co. vs. Flint River Steamboat Co.

Lower Court

  • Franklin County

Date

  • 1848

Box

  • 473

Folder

  • 855

Transcript

Appellant assign for Error writ following causes apparent major in facts of the record.

First- that the honorable Thomas Baltzell who granted the [?] in virtue of which said Judgment was entered up was not authorized by law to provide by the County of Franklin in the Western Circuit of Florida in the 5[th] day of June 1847 the day in which said Judgment was rendered and of which it [?] date- and that said [?] should have been made by the Honorable Judge Hawkins Judge of the Western Circuit.

2[nd] That the act under which said judgment was rendered does not authorize the demand of payment to be made by agent and said act does not authorized the affidavit to obtain judgment to be made by agent but the same should have been made by the plaintiff a same one of them-

3[rd]. That said judgment is [?] in this to wit- that there was no summary issued and sued nor was there any appearance by defendant by self or by attorney nor is there any evidence to when that defendant had any notice of the institution of said suit, nor was there any declaration filed or any assessment