Pickett v. Bryan

Citations

• 34 Fla. 38

Syllabus

<p>1. Where it appears from the bill of exceptions that testimony not incorporated therein was submitted to and passed upon by the court or jury, the appellate court will not review the evidence to ascertain whether or not it sustains the judgment or verdict. The rule is settled that the decision of the trial court will not be disturbed as being contrary to the evidence, when all the testimony that was before the court is not properly presented to the appellate court.</p> <p>3. The appellate court will not consider agreements of counsel to amend and supply deficiencies in bills of exceptions properly certified to by the trial judge and found in the transcript. The action of this court must bear upon the action of the trial court, and bills of exceptions certified to by that court must be regarded as the only evidence of matters in pais transpiring at the trial.</p>