C. E. LANIER, T. H. LANDER, C. A. SKIPPER, W. C. TOUCHTON AND ERNEST BOSTON, PLAINTIFFS IN ERROR,
v.
W. SHAYNE, DOING BUSINESS AS DIXIE MUSIC COMPANY, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a lower court's decision upholding the legality of an execution, because the appellants failed to provide the appellate court with the evidence considered by the lower court.
Yes, the lower court's decision is presumed to be proper because the appellate court lacks the evidence necessary for review.
“In the absence of the evidence which was considered by the court below on the question submitted, no matter is presented for review by this court.”
Establishes the core reason for affirming the lower court's decision.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe defendants in an execution proceeding filed an affidavit challenging its legality. After a hearing on factual questions, the court found the judgm…
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West, J.
This is a proceeding under the provisions o'f section 2828, Revised General Statutes, challenging the legality of an execution issued in the ease. The defendants in execution made and filed their affidavit, pointing out the alleged illegality, and bond as 'required by-the statute. On a hearing which presented questions of fact the court found the judgment and execution to be valid and legal and directed judgment to be entered up against the principal and sureties of the bond as the statute authorizes. Writ of error was taken.
On motion of defendant in error the bill of exceptions was stricken from the record. Lanier v. Shayne, 85 Fla. 212, 95 South. Rep. 617.
' ’ In the absence of the evidence which was considered by the court below on the question submitted, no matter is presented for review by this court. DeSoto Holding Co. v. Boyer, 85 Fla. 517, 97 South. Rep. 205; Granquist v. State, 86 Fla. 32, 97 South. Rep. 205; Jackson v. State, 84 Fla. 646, 94 South. Rep. 505. The conclusion-reached is presumptively proper. J. P. Williams Co. v. Pensacola, St. A. & Gulf S. S. Co., 57 Fla. 237, 48 South. Rep. 630.
The judgment will be affirmed.
Affirmed.
Whitfield, P. J., and Terrell, J., concur. Taylor, C. J., and Ellis and Browne, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cason v. Teate, 88 Fla. 144 (Fla. 1924)…assignment is manifestly without merit, No question being presented by any assignment of error which may be reviewed by this Court, the judgment should be affirmed. F. C. & P. R. R. Co. v. Abrams, 35 Fla. 514, 17 South. Rep. 639; Lanier v. Shayne, 86 Fla. 385, 98 South. Rep. 71. Affirmed. Taylor, C. J., and Whitfield, and Terrell, J. J., concur.…
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Hall v. State, 89 Fla. 39 (Fla. 1925)…3 South. Rep. 450; Anderson v. Winer & Whaley, 50 Fla. 177, 39 South. Rep. 31; Bardwell v. State, 49 Fla. 1, 38 South. Rep. 511; Jackson v. State, 84 Fla. 646; 94 South. Rep. 505; Granquist v. State, 86 Fla. 32, 97 South. Rep. 205; Lanier v. Shayne, 86 Fla. 385, 98 South. Rep. 71; DeSoto Holding Co. v. Boyer, 85 Fla. 517, 97 South. Rep. 205. Affirmed. West and Terrell, J. J., concur. Taylor, C. J., and Browne, J-., concur in the opinion.…
Authorities Cited
- Jackson v. State, 84 Fla. 646 (Fla. 1922)
- Granquist v. State, 86 Fla. 32 (Fla. 1923)
- DeSoto Holding Co. v. Boyer, 85 Fla. 517 (Fla. 1923)
- The J. v. The Pensacola, 57 Fla. 237 (Fla. 1909)
- Lanier v. Shayne, 85 Fla. 212 (Fla. 1923)