PETER HORN, PLAINTIFF IN ERROR,
v.
THE STATE OF FLORIDA, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a lower court's judgment because the appellant's bill of exceptions was not timely filed, rendering it invalid. Without a valid bill of exceptions, no errors could be considered on appeal.
No, an untimely bill of exceptions cannot be considered by the appellate court. Since no other errors were assigned or could be considered without the bill of exceptions, the lower court's judgment must be affirmed.
“the said bill of exceptions was not presented to, or settled, signed, or Certified by, the Circuit Judge within the time prescribed by law, nor within the time allowed therefor by the- special order of the Circuit Judge”
Establishes the factual basis for striking the bill of exceptions.
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Join FLexlaw to unlock all legal intelligenceThe appellant, Peter Horn, incorporated a bill of exceptions into the record on appeal. The Attorney-General moved to strike this bill of exceptions. …
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Per Curiam:
This cause coming on to be heard upon motion by the Attorney-General to strike out from the record the bill of exceptions signed by the Circuit Judge and incorporated as a part of the record in the case, and it appearing to the court from the record that the said bill of exceptions was not presented to, or settled, signed, or Certified by, the Circuit Judge within the time prescribed by law, nor within the time allowed therefor by the-special order of the Circuit Judge, it is, therefore, ordered that the said bill of exceptions incorporated as a part of the transcript of the record in said cause is stricken from the said record, and shall no longer be considered as any part thereof.
It further appearing to the court that no error or question has been presented or assigned in said cause for or upon any matter other than is contained in said stricken bill of exceptions, or that could be properly considered otherwise than through a bill of exceptions, the judgment of the court below in said cause is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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DeSoto Holding Co. v. Boyer, 85 Fla. 517 (Fla. 1923)…assignment of errors is predicated solely upon the bill of exceptions which is stricken, there remains no matter presented for review, therefore the judgment be and is hereby affirmed. Bardwell v. State, 49 Fla. 1, 38 South. Rep. 511; Horn v. State, 40 Fla. 472, 24 South. Rep. 147; Anderson v. Winner & Whaley, 50 Fla. 177, 39 South. Rep. 31; Lasseter & Co. v. Zapf, 57 Fla. 89, 48 South. Rep. 749; Carter v. Stockton, 60 Fla. 33, 53 South. Rep. 450. Affirmed. Taylor, C. J., and Ellis, Browne, West, and Ter…
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Emmett Washington v. State, 48 Fla. 62 (Fla. 1904)…aid cause for or upon any matter other than is contained in said stricken bill of exceptions, or that could be properly considered otherwise than through a bill of exceptions, the judgment of the court below in said cause is affirmed. Horn v. State, 40 Fla. 472, 24 South. Rep. 147. The record showing that the defendant has shown himself by affidavit to be insolvent, the costs to be taxed against the county of Washington. All concur.…
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Lasseter v. Zapf, 57 Fla. 89 (Fla. 1909)…in such case, if there is in the remaining record no other question or matter assigned, presented or urged as error except such as can be presented or considered only through a proper bill of exceptions, the judgment will be affirmed. Horn v. State, 40 Fla. 472, 24 South. Rep. 147; Florida Cent. & P. R. Co. v. St. Clair-Abrams, 35 Fla. 514, 17 South. Rep. 639; Bardwell v. State, 49 Fla. 1, 38 South. Rep. 511. As the only error assigned cannot be considered without a proper bill of exceptions and as there…
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