Mizell v. Travelers Insurance

Supreme Court of Florida
Mizell v. Travelers Insurance, 40 Fla. 148 (Fla. 1898)

Mizell v. Travelers Insurance

Opinion of the Court

Per Curiam :

This cause coming on to be heard on motion and agreement of counsel of all the parties to amend the transcript of the record and the abstracts of record by .inserting matter alleged to have been inadvertently omitted therefrom, and it appearing to the court that the amendments sought to be made are additions to the bill of exceptions contained in the transcript of record, and if allowed will change and vary such bill ^f exceptions as certified by the Circuit Judge, which can not be permitted to be done in an appellate court, even by consent of parties. The motion is, therefore, denied. Glaser, Kuder & Ottensoser v. Hackett, 38 Fla. 84, 20 South. Rep. 820, and cases cited.

Reference

Full Case Name
John R. Mizell, in Error v. The Travelers Insurance Company, a Corporation, etc., in Error
Cited By
2 cases
Status
Published
Syllabus
Appellate Practice — Bill of Exceptions Can Not Be Amended by Consent in Appellate Court. A bill of exceptions certified by the trial judge, and contained in a transcript of record, can not be permitted to. be amended in an appellate court, even by consent of parties-