Montgomery v. State

Citations

• 54 Fla. 73

Syllabus

<p>1. The statutes of the state and the rules governing the circuit courts provide the manner and time for making up and filing-a bill of exceptions in a cause so that it may become a part of the record, and unless such statutes and rules are complied with an attempted bill of exceptions is a nullity and will not be considered by the appellate court.</p> <p>2. It is the duty of the plaintiff in error to have the bill of exceptions in a cause properly prepared as the rules direct and duly authenticated as required by the statute during the progress of the cause or within the time allowed by an order duly made and entered pursuant to Rule 97 of the Circuit Court Rules. If duly prepared and presented for authentication within the time allowed, the bill of exceptions may be authenticated afterwards as of the day on which it was properly presented.</p> <p>3. It is the duty of the judge under the statute to authenticate by signing any bill of exceptions taken during the progress of the cause and tendered to him, if it fairly states the truth of the matter and the exception taken; and the same when signed is a part of the record. When the judge refuses to sign a bill of exceptions properly tendered, it is lawful for three persons to sign the same in the presence of the judge and to certify -that it was presented to the .judge and he refused to sign it, and such bill of exceptions will then be valid and have the same force as though it were signed by the judge, if it appears that such persons were present at the trial and had knowledge of the matters stated and the truthfulness thereof is certified to by them.</p> <p>4. Where a party does everything in his power to have a bill of exceptions authenticated within the time allowed, but for reasons beyond his control there is no judge competent to authenticate the same within the time allowed, the time during which there was no judge after the bill of exceptions was duly presented where the judge in law should be, may not be co