Sams v. King

Citations

• 18 Fla. 552

Syllabus

<p>1. That there is no bill of exceptions or an incomplete one in a record is not ground for the dismissal of an appeal or to strike the case from the calendar. There may be errors apparent upon the record other than those arising upon exceptions.</p> <p>%. Where a bill of exceptions, apparently regular, is signed as required by law, an allegation of counsel unsupported by proof that since the original bill was signed there have been “interpolations,” will not authorize the dismissal of the appeal.</p> <p>3. Where papers are referred to in the bill of exceptions filed in the Circuit Court, with sufficient certainty to identify them, the insertion of the papers in extenso in the record prepared for this court is proper,</p> <p>4 Where the books of the Assessor of Taxes are introduced in evidence ■ in the Circuit Court it is not necessary to copy the entire book in. the record sent here. It'is sufficient to insert such portion of the book as it was introduced to establish, or was deemed pertinent to the questions sought to be raised, or the original may be brought to this court as authorized by the rules of practice. Where neither the part deemed pertinent to the question sought to.be raised, nor the books accompanying the record, aré sent to this court, the proper course is to award a certiorari to bring them up.</p> <p>5. Time having been given during the term at which the case was tried to prepare and ténder a bill of exceptions, and the Judge presiding at the trial having gone out of office, it is proper and legal for his successor to settle and sign the bill. (Hays,- Adm’r, vs. McNealy-, 16 Fla., 406, referred to and approved.) Upon a tender of the bill to such successor, and his refusal to sign it in the presence of three parties who were present at the trial, it is proper for them, under the rules and statute, to sign it if it correctly presents the testimony and proceedings according to their recollection.</p> <p>6. A bill of exceptions, regular in form, prope