Jones v. Buddington

Citations

• 35 Fla. 121

Syllabus

<p>1. Witnesses were examined on interrogatories filed with a master to the identity and contents of certain books referred to in the interrogatories as exhibits, designated by letters of the alphabet; the books with the exhibit marks on them were placed in the hands of the master with the interrogatories, and being handed to the witnesses when examined were identified by them and referred to as exhibits designated by letters; the master did not mark the books as filed in evidence, but re turned them to the court with the interrogatories, and his certificate showed that the books were shown the witnesses and their testimony clearly identifies the books as exhibits about which they testified; motion was made to admit the books in evidence, and the court excluded them from the consideration of the ease: Held, to be error.</p> <p>3. Original papers or records transmitted to this court for inspection under the 9th rule of its practice may be examined in connection with the transcript of the record for the purpose of ascertaining the true meaning of papers or records copied therein, and which can not be set forth in copy as fully and truly as by the originals, but the rule does not contemplate that such original papers or records, forming no part of the record of the cause in the lower court, and not found in the transcript, can be made a part of ihe record here by having them set up under the order of the judge for inspection.</p>