Greeley v. Percival

Citations

• 21 Fla. 428

Syllabus

<p>■1. Where there is a verdict and motion for a new trial, and a denial of the motion, and subsequently, at the same term, there is a vacation of the order refusing a new trial, and a continuance of the ¡motion, and a supersedeas granted, and at the succeeding term •of the court the motion for a new trial is refused and final judgment entered on the verdict, the latter term is “the term of the •court at which the verdict is rendered or trial had,” within the meaning of Rule 97 of Circuit Court Rules, prescribing the term when a bill of exceptions shall, be made up and signed or a special order for further time allowed. Such also would be the law had such judgment been in fact entered at the former term.</p> <p>‘ft. Where there is an order made in term allowing further time for making up and signing a bill of exceptions, and the bill bears date as signed within the time allowed, and thero is a mere recital in the record that the bill was signed after the expiration of the time “nuncpro tunc,” it will be assumed, even if any effect is to be given to the recital, that the bill was presented to the Circuit Judge within the time allowed, and such bill will be treated by the Supreme Court as properly before it.</p>