JOHN R. MIZELL, PLAINTIFF IN ERROR,
v.
THE TRAVELERS INSURANCE COMPANY, A CORPORATION, ETC., DEFENDANT IN ERROR

Fla. | 1898-01-01
40 Fla. 148 Florida Supreme Court (1898) Positive Treatment
Cited by 4 cases
Opinion of the Court
Per Curiam :

Per Curiam :

This cause coming on to be heard on motion and agreement of counsel of all the parties to amend the transcript of the record and the abstracts of record by .inserting matter alleged to have been inadvertently omitted therefrom, and it appearing to the court that the amendments sought to be made are additions to the bill of exceptions contained in the transcript of record, and if allowed will change and vary such bill ^f exceptions as certified by the Circuit Judge, which can not be permitted to be done in an appellate court, even by consent of parties. The motion is, therefore, denied. Glaser, Kuder & Ottensoser v. Hackett, 38 Fla. 84, 20 South. Rep. 820, and cases cited.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Weeks v. Hays, 55 Fla. 370 (Fla. 1908)
    …38 Fla. 84, 20 South. Rep. 820; Bailey v. Clark, 6 Fla. 516; Sams v. King, 18 Fla. 552; Pickett v. Bryan, 34 Fla. 38, 15 South. Rep. 681; Florida Cent. & P. R. Co. v. St. Clair-Abrams, 35 Fla. 514, 17 South. Rep. 639; Mizell v. Travellers’ Ins. Co., 40 Fla. 148, 24 South. Rep. 148; Bryan v. State, 41 Fla. 643, 26 South. Rep. 1022. The third assignment of error questions the correctness of the findings of fact by the referee. The fourth assignment of error complains of the de [*374] nial of the plaintiffs…
  • Curry v. Osborne, 75 Fla. 85 (Fla. 1918)
    …t copy of the record in the Circuit Court. A bill of exceptions is authenticated by the trial judge and it cannot be amended by certiorari in the appellate court. See Glaser v. Hackett, 38 Fla. 84, 20 South. Rep. 820; Mizell v. Travelers’ Ins. Co., 40 Fla. 148, 24 South. Rep. 148; Weeks v. Hays, 55 Fla. 370, 45 South. Rep. 987. If a bill of exceptions is subject to amendment, such amendment should be made in the trial court. If an amendment to a bill of exceptions becomes a part thereof and a part of the…

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