Weeks v. Hays

Citations

• 55 Fla. 370

Syllabus

<p>Appellate Practice—Exceptions Necessary—Bill op Exceptions Cannot Be Questioned or Impeached.</p> <p>1. Where a party desires to have an appellate review of rulings of a trial court either admitting or excluding evidence, he must except to such ruling at the time that it is made, and such exception must properly be made to appear by the transcript of record brought up for appellate review, otherwise no assignment of error predicated upon such ruling can be considered by such appellate court.</p> <p>2. An ex parte affidavit, not contained in a bill of exceptions, but simply copied at large in a transcript of record brought to an appellate court in a suit at law by writ of error cannot be considered by such court for any purpose.</p> <p>3. A bill of exceptions containing the happenings in pais during the progress and trial of a cause, that is duly authenticated by the certificate of the trial judge and included in a duly certified transcript of record as part thereof, imparts absolute verity to an appellate court, and cannot be questioned, impeached, altered or varied in any manner before such appellate court not even by the consent and agreement of the opposing parties or their counsel. If such bill of exceptions is improperly, incompletely or incorrectly made up in the trial court, corrections therein must be made there by the trial judge, and the amended record brought up by certiorari</p>