Myers v. Roberts

Citations

• 35 Fla. 255

Syllabus

<p>1. Where a party to a suit has the depositions of an opposite party taken in accordance with the statute (McClellan’s Digest, sec. IS, p. 516), and filed among the papers of the case, they do not thereby become a part of the record, so that a referee before whom the case is being tried should take judicial notice of them, without their being offered for his consideration.</p> <p>2. If a party, having taken such depositions as are referred to in the preceding head-note, desires the benefit of them on trial, he should offer them in evidence, and if he desires a review of them in this court, should bring them here by bill of exceptions, unless they are included in the record of the proceedings in the case kept by the referee.</p> <p>3. Depositions of the character alluded to in the preceding head-notes are not a part of the record of the case, but are only depositions or instrument of evidence; and if not made a part of a bill of exceptions, or record kept by a referee, but are improperly put into the record, an appellate court will disregard them.</p>