Florida Central & Peninsular Railroad v. St. Clair-Abrams

Citations

• 35 Fla. 514

Syllabus

<p>1. A bill of exceptions, or that which is tantamount thereto, under the signature of the judge, is essential to the review in the appellate court of the evidence introduced on the trial of a .cause at law in the Circuit Court, and the copying by the clerk into the record of what purports to be the evidence on such trial not under the signature of the judge can not be considered by this court, though it contains an agreement signed by counsel of both parties that it is substantially the testimony used on the trial, and should be used in the record on appeal. Such a stipulation extends no further than an agreement of counsel as to the testimony to be included in a bill of exceptions, and without the sanction of the judge can not be considered on appeal.</p> <p>2. Where the sustaining of a motion to strike from the record what purports to be the evidence in a cause leaves no question that the ajjpellate court can review on the petition of appeal, the judgment appealed from will be affirmed, on the disposition of the motion.</p>