Consumers Electric Light & Street Railroad v. Smith

Citations

• 43 Fla. 52

Syllabus

<p>Appellate Practice — Abstract of Record — Exceptions.</p> <p>1. Under the rules of practice of this court, where there is an abstract of the record, not excepted to, and therefore admitted to be a true abstract of such record, the case will be adjudged upon such abstract alone, without reference to the transcript.</p> <p>2. In order to authorize an appellate court to review the ruling of a trial court denying a motion for new trial, such ruling must be duly excepted to: and, where the case is one for consideration upon the abstract of the record alone, such abstract must exhibit the fact of such exception, else it cannot be considered.</p>