Waddell v. Cunningham

Citations

• 27 Fla. 477
• 8 So. 643

Syllabus

<p>1. Irregularities apparent upon the face of the proceedings in a suit of attachment, not excepted to in nisi prius court, nor assigned for error in the appellate court, will not be considered on appeal.</p> <p>%. The only way to bring before the appellate court the evidence of witnesses used in the trial court in proceedings at law, i^,by bill of exceptions, and that court cannot consider anything as evidence not contained therein.</p> <p>3. On the trial of a motion to dissolve an attachment before the court without jury, the decision of the judge on the motion, in the absence of any evidence which the appellate court can consider, is presumed to be correct.</p>