Temple v. Florida Land & Immigration Co.

Citations

• 23 Fla. 59

Syllabus

<p>1. An order allowing further time for making up and signing a bill of exceptions, must, under Rule 97 of the Circuit Court Rules, bo entered in the record or minutes of all the proceedings of the court, which, under the statute (Sec. 6, p. 174, McC.’s Dig.) the' Clerk is required to keep, and the Judge required to sign before the adjournment of the term. Ail entry upon the motion docket is not sufficient.</p> <p>3. Where the transcript shows that a formal order has been made and signed by the Circuit Judge, but not entered in the minutes, the final hearing of the case upon its merits may be postponed a reasonable time to enable the appellant to have such order entered nunc> pro tuno in the minutes and reinstated in the transcript.</p> <p>3. Motion to strike the bill of exceptions granted without prejudice to an application by appellant for postponement of hearing under the second head note.</p>