John Miller and Bryan Croom
Lewis Hoc and
In this Supreme Court
Upon Appeal from Leon Superior Court to the Court of Appeals of the Territory of Florida
And now on this 6[th] January 1846 on the calling of this case causes Thomas H. Hayman an attorney of this court Counsel for the said Lewis Hoc and Frederic Hoc, and gives the Court here to understand and be informed that the judgment from which the appeal was prayed was rendered in Leon Supreme Court on 5[th] March 1845. and an appeal was taken to the Court of Appeals of the Territory of Florida
And he now moves the Court to dismiss said cause
I. Because it has no rightful place in this Court and this Court has no jurisdiction of this same, no appeal or writ of error having him [?] out or taken to this Court, And this Court has no appellate jurisdiction of this cause.
II. Because the judgment of Leon Superior Court is trial until rendered by the proper appellate Tribunal Constituted by the Acts of Congress of the United States.
III. Because this Court has appellate jurisdiction only over those Superior Courts which this Constitution of the State of Florida hath established and which confer unto this Court, the judiciary power of the State.
Thomas H. [?]
Atty for F & L Hoc