McGee v. Ancrum

Citations

• 33 Fla. 499

Syllabus

<p>1. Motion for a new trial made upon the return of a verdict and continued, by special order entered upon the minutes, to a day beyond the term when the verdict was rendered, can be heard and disposed of by the judge in vacation, and upon such disposition a final judgment can be entered by the clerk under the order of the judge, though cot on a rule day. On the hearing of such a motion the judge is holding a term of court as to that case, and the entries of the clerk made in obedience to the orders of the court are the entries of the judge himself.</p> <p>2. On a writ of error without a bill of exceptions the appellate court is confined to assignments of error based upon the record proper.</p> <p>3. A motion to set aside an affidavit of illegality of the issuance of an execution, and for execution against the defendant and the sureties on his bond, where the ground of illegality in the-affidavit is that there was no judgment upon which said execution issued, and that what purports to be a judgment entered in the judgment record by the circuit clerk was entered without any authority, involves the legal sufficiency of said judgment, as disclosed by the record proper, and a ruling denying the motion is in effect a decision that the-judgment was illegal and void.</p> <p>4. M. obtained a verdict in the Circuit Court against A., and a ■ motion for a new trial was made, but not disposed of duringtheterm; without entering final judgment on the verdict an. order was entered upon the minutes continuing the hearing of the motion to a day beyond the term, and on the adjourned day the court overruled the motion and directed the clerk to-1 enter final judgment upon the verdict, and the clerk entered the judgment on a day other than a rule day; execution* emanating from the judgment was levied upon property of defendant in execution, and affidavit of illegality was made on the ground that the judgment was entered without authority and was void; a motion to set aside the affidavi