Daytona Bridge Co. v. Bond

Citations

• 47 Fla. 136

Syllabus

<p>1. The evidentiary and ordinary bills of exceptions must be made up separate and distinct from each other, and each must be sufficient and complete in itself to review the errors designed to be presented, and a reference by the appellate court from one to the other is not permissible to aid defects in either.</p> <p>2. Where the error complained of is based upon an instruction given to the jurjr, or the refusal to give a requested instruction, it is the duty of the plaintiff in error to have recited in the ordinary bill of exceptions a statement of the evidence, or what the evidence tended to prove, in connection with the instruction given or refused, predicated on such evidence, in compliance with the requirements of special rule 3.</p> <p>3. In passing upon an assignment of error based upon an instruction given to the jury, or the refusal to give a requested instruction, an appellate court is restricted to the examination of said instruction and the statement accompanying the same, as provided by special rule 3, as said instruction and statement are made to appear in the ordinary bill of exceptions.</p> <p>4. An account stated must be based upon previous dealings and transactions between the parties, and, while it is not necessary in order to support a count upon an account stated to show the nature of the debt or to prove the specified items constituting the account, it must appear that at the time of the accounting there have been previous transactions and dealings between the parties of and concerning which an account was stated.</p> <p>5. The mere failure to object “immediately’ or “within a reasonable time” to an account sent by mail to one who has never had any dealings with the sender will not render the account so sent an account stated so as to authorize a recovery upon it.</p> <p>6. A party to whom an account has been sent is given by the law a reasonable time in which to examine and object to the same, and what is a reasonable time within which the p