
    J. W. Preston, as Marshal and ex-officio Tax Collector of the City of Orlando, Plaintiff in Error, vs. The State of Florida ex rel. H. W. Metcalf and A. F. Williams, Defendant in Error.
    Appellate practice — Scire facias art aurtienrtum errores, bow returnable.
    A writ of scire facias art aurtienrtum errores issued on January 28th, 18i)7, a day witliin a pending term of the appellate court, and made returnable to a day within the same term, can not be effectual to give such court jurisdiction over the per. son of the defendant in error served therewith; and, if lie in nowise appears nor waives such defect in said writ, the cause will be dismissed.
    Writ of Error to the Circuit Court for Orange County.
    
      W. H. Jewell, for Plaintiff in Error.
    No appearance for Defendant in Error.
   Per Curiam.

This cause having been regularly reached on the docket for final determination and was referred by the court to its Commissioners for consideration, and they having reported the same for dismissal, and it appearing to the court that the scire facias ad audiendum errores in the cause was issued on the 28th day of January, 1897, returnable the 2nd dav of March of the same year, the same being a day within the term of this court during which said writ was issued, and further that no appearance has 'been made in this court by defendant in error or waiver of theklefect in said writ, it is therefore ordered that said cause be and the same is hereby dismissed.  