Anderson v. Winer

Citations

• 50 Fla. 177

Syllabus

<p>APPELLATE PRACTICE — CERTIFICATION OF BILLS OF EXCEPTIONS — STRIKING DEFECTIVELY CERTIFIED BILL OF EXCEPTIONS, AFFIRMANCE OF JUDGMENT WHERE NO ERRORS ASSIGNED.</p> <p>I. Where a Circuit Judge certifies a bill of exceptions in such maner as not to verify the truth of what such bill represents, but in certifying it expressly leaves the truth and correctness of the contents of such bill to be passed upon and settled by the appellate court, such bill of exceptions will be treated by the appellate court, as being no- bill of exceptions at all; and will, on motion of the adverse party, be stricken from the record.</p> <p>2. It is the exclusive province and duty of the trial judges, in making up bills of exceptions for appellate proceedings, to authoritatively settle all disputes as to the happenings in pais to be contained in such bill in a cause tried before them, and to see to it that the bills of exceptions that they certify correctly and truly state such matters in pais as they really occurred. An appellate court has no power or authority to determine or settle disputes or contentions as to the correctness of the statements of the evidence or ■any other matter in pais as set forth in a bill of exceptions, but is limited and confined in its consideration of any question or happening in pais to the statement of such question or occurrence as it is set forth and contained in a bill of exceptions duly and properly certified and signed by the trial judge; and when so certified and signed it can not be averred against, altered or amended in the appellate court.</p> <p>3. Where the bills of exception are stricken from the transcript, and there is no other question, or assingment of error made, raised or presented upon any matter that can be considered by an appellate court otherwise than through or upon a properly authenticated bill of exceptions the judgment appealed from will be affirmed.</p>