THOMAS A. DENSON AND FRANCIS DENSON, PLAINTIFFS, IN ERROR,
v.
WILLIAM WIMBERLY AND JAMES S. COLLINS, DEFENDANTS IN ERROR
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The Florida Supreme Court affirmed a lower court's judgment because the appellant failed to properly authenticate an evidentiary bill of exceptions, preventing the court from considering the evidence presented at trial.
The appellate court cannot consider an evidentiary bill of exceptions that lacks proper authentication by the trial judge.
“In the transcript there is an ordinary bill of exceptions duly attested and signed by the Circuit Judge; there is also what purports to be an evidentiary bill of exceptions purporting to give all the evidence adduced at the trial, but this bill is not certified or signed by the 'Circuit Judge.”
Describes the crucial factual deficiency in the appellant's submitted record.
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Join FLexlaw to unlock all legal intelligenceThe plaintiffs in error appealed a judgment from the Circuit Court. The appeal included an ordinary bill of exceptions and an evidentiary bill of exce…
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Per Curiam.
— This cause came on for final hearing before the court upon the transcript of record and briefs of counsel for the respective parties. In the transcript there is an ordinary bill of exceptions duly attested and signed by the Circuit Judge; there is also what purports to be an evidentiary bill of exceptions purporting to give all the evidence adduced at the trial, but this bill is not certified or signed by the 'Circuit Judge. After due consideration the court finds no error made to appear either in the record proper or by the ordinary bill of exceptions, and the court is not authorized to consider the matter attempted to be set up in the evidentiary bill because of its want of proper authentication by the trial judge. It is, therefore, hereby considered, ordered and adjudged that the judgment of the Circuit Court in said cause be, and the same is hereby affirmed, at the cost of the plaintiffs in error. All of the Justices concur except Taylor, C. J., absent on account of sickness.