Mayo v. Hynote ex rel. Forcheimer & Co.

Citations

• 16 Fla. 673

Syllabus

<p>1. A bill of exceptions was settled and signed by the Judge on the 29th day of May, 1878, as of the 4th day of May, 1878, the 29th being beyond the time allowed by the special order of the court within which to make such bill of exceptions, and the 4lh within such time. No laches existing on the part of the appellant, the bill having been placed in the hands of the Judge for signature within the time, and the cause having been brought into and heard by the Appellate Court at the first term thereof after the judgment: Held, That in a case of this character, controlled entirely by the rules of the court, the court will consider the circumstances surrounding it, and in this case will consider the bill of exceptions as properly here.</p> <p>2. It is the province of the jury to determine questions of fact, and when the evidence is conflicting and there is no question of credibility of witnesses,-this court will not interfere unless it appears that the jury were influenced by some improper motive.</p>