Florida Land Investment Co. v. Williams

Citations

• 83 Fla. 251

Syllabus

<p>1. Where a document sought to he made a part of a bill of exceptions is not incorporated into the body, of the bill and is not attached thereto or by apt language made a part thereof and so identified and authenticated by letter, number or mark mentioned in the bill as that there can be no doubt of its identity, the document cannot be considered .by an appellate court as a part of the bill of exceptions.</p> <p>2. Bills of exceptions are a creation of statute. Their function and office are to present to an appellate court exceptions taken during the progress of the trial to decisions of the trial court in matters which otherwise would remain in pais. Their integrity can be preserved only when their contents are clearly ascertainable by reference to the bills of exceptions themselves and without resort by the appellate court of proof aliunde.</p> <p>3. If a “bill of exceptions is improperly, incompletely or incorrectly made up in the trial court, corrections therein must be made there by the trial judge, and the amended record brought up by certiorari.’’</p>