W. B. HAYNES, PLAINTLFF IN ERROR,
v.
T. W. BRAMLETT, DEFENDANT IN ERROR
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The Florida Supreme Court addressed a motion to strike portions of a record and dismiss a writ of error. The court granted the motion in part, striking certain affidavits not included in a bill of exceptions, but denied the motion otherwise.
The court held that affidavits not evidenced by a bill of exceptions are not part of the record proper and should be stricken. However, the court denied the motion to dismiss the writ of error and affirm the judgment in other respects.
“Affidavit of T. W. Bramlett, on pages 5 and 6, affidavit of W. B. Haynes on page 11, affidavit of Thomas E. Bugg, on page 12, not being evidenced by bill of exceptions, are not parts of the record proper and are hereby stricken.”
This quote explains the court's reasoning for striking specific documents from the record.
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Join FLexlaw to unlock all legal intelligenceThe defendant in error filed a motion to strike parts of the transcript of the record, dismiss the writ of error, and affirm the lower court's judgmen…
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Per Curiam.
This cause came on for hearing upon motion of de fenclant in error to strike from the transcript of the record certain designated portions thereof and certain assignments of error and to quash or dismiss the writ of error dr affirm the judgment of the court below upon grounds stated in said motion; upon consideration thereof and the briefs filed by the parties, it is ordered and adjudged by the court that the following portions of the transcript so moved to be stricken, to-wit: Affidavit of T. W. Bramlett, on pages 5 and 6, affidavit of W. B. Haynes on page 11, affidavit of Thomas E. Bugg, on page 12, not being evidenced by bill of exceptions, are not parts of the record proper and are hereby stricken. Hellen v. Steinwender, 28 Fla. 191, 10 South. Rep. 207. It is further ordered and adjudged that irTother respects the said motion is hereby denied.
(Mr. Justice Mabry, being disqualified, took no part in this decision.)