KEITH v. TOWN OF STUART


45 So.2d 493 (1950)

KEITH et al. v. TOWN OF STUART et al.

Supreme Court of Florida, Division B.

Rehearing Denied April 24, 1950.


Attorney(s) appearing for the Case

Carroll Dunscombe, Stuart, for appellants.

Oughterson & Donley and William R. Scott, Stuart, for appellee.


SEBRING, Justice.

This cause is before the court on a motion to dismiss an appeal taken from a final decree in equity, on the ground that the appellant, who was the original plaintiff in the court below, has failed to pay all costs which have accrued in the court below up to the time of taking the appeal and have been taxed against him.

Prior to the enactment of legislation in 1945 the payment of costs by an original plaintiff as a condition precedent to taking...

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