Hellen & Acosta v. Steinwender & Sellner

Citations

• 28 Fla. 191

Syllabus

<p>Appellate Practice — Default judgments, evidence.</p> <p>1. YVliere a motion is made, subsequent to final judgment entered by the clerk after default for want of appearance, to open such default and to vacate such final judgment, and exhibits, in the shape of affidavits, etc., are presented to the judge to sustain, or to resist such motion, the fact that such papers or exhibits were presented to and considered by the judge upon such motion must be evidenced by a bill of exceptions signed and sealed by the judge, or in some other manner tantamount to suclr bill of exceptions, otherwise such papers and exhibits cannot be considered by this court upon writ of error for want of the proper evidence that they were in fact used or considered in connection with such motion.</p> <p>‘2. Where the affidavit of proof upon which the clerk enters a filial judgment after default fails entirety to establish any count in the plaintiffs declaration, such final judgment is illegal, and will be reversed on writ of error.</p>