Worley v. Dade County Security Co.

Citations

• 52 Fla. 666

Syllabus

<p>1. A Clerk of the Circuit Court, in making up a transcript of the record for the Supreme Court has no 'discretion to omit anything which is directed by either party to be inserted, if it is a paper or proceeding in the cause having relation dr leading up to the order or decree appealed from.</p> <p>2. It is irregular and improper practice to refer a suit in chancery to a master for the purpose of taking testimony therein before all the issues are properly made up.</p> <p>3. A suit in equity abates upon the death of a defendant who has appeared so far as proceedings against him or his interests are concerned, and if he were an indispensable party to a decree all proceedings must be suspended till his representatives have been brought in. If, however, his interest wholly ceases by his death, or wholly survives to one of the other parties, no revivor will be necessary.</p> <p>4. The court cannot properly adjudicate the matters involved in the suit when it appears that necessary and indispensable parties to the proceedings are not before the court.</p> <p>5. It is the duty of a party resorting to an appellate court to see that his transcript of record is properly prepared, in compliance with the rules of court, and to make the errors complained of clearly to appear.</p>