Parkhurst v. Stone

Citations

• 36 Fla. 463

Syllabus

<p>1. On application'to set aside defaults at law a bill of exceptions, or something tantamount thereto, exhibiting the evidence upon which the court acted is necessary; and in the absence thereof the appellate court can only consider matters appearing upon the record proper.</p> <p>2. Under a default where the action is not founded upon a liquidated demand not requiring the introduction of a witness or witnesses to establish it, it is proper for the court to refer the* case to a jury during term time to assess the damages.</p> <p>3. A judgment entered during term is presumed to be correct in the absence of any proper showing to the 'contrary.</p>