Florida Reports Volume 44

Florida Reports Volume 44

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...proceedings in the lower court, properly certified to under the hand and seal of the Circuit Clerk. The transcript filed here shows that the suit in the Circuit Court was between S. H. Peacock, plaintiff, against the Florida Central and Peninsular Railroad Company, defendant, and the certificate thereto states that it contains a correct transcript of the record of the judgment in the case of S. Ii. Peacock plaintiff, against the Seaboard Air Line Railw: .'. defendant. This ground of the motion is, of course, 'cll taken, and though no motion has been made in this court for leave to withdraw the transcript in order to have it properly certified we would Cmake an order to that effect (as counsel orally asked leave to amend), were it not for another objection presented in the 1noti-un. It appears that when the bills of exceptions were made up and settled by the judge, counsel for plaintiff in error presented an assignment of error as a basis for making up the bills, of which counsel for defendant in error had due notice. No assignment of errors was filed with the clerk when the transcript was made up, and none was served on defendant in error or his counsel as required by special rules 2 and 3 for the government of Circuit Courts in the preparation of bills of exception and transcripts of records in civil causes; nor was any notice given that plaintiff in error would rcly in the appellate court upon the assignments presented as a guide for making up the bills of exceptions and that the transcript of the record wolhd be made up on them. The failure to file the assignments of error to be relied on in the appellate court with the clerk, as a guide for making up the transcript, and to serve a copy on the opposite party or his counsel, was a plain...
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Product details

  • Paperback | 100 pages
  • 189 x 246 x 5mm | 195g
  • United States
  • English
  • black & white illustrations
  • 1236829476
  • 9781236829474