Lewis v. Meginniss
| Decision Date | 19 June 1889 |
| Citation | 6 So. 169,25 Fla. 589 |
| Parties | LEWIS v. MEGINNISS. |
| Court | Florida Supreme Court |
Appeal from circuit court, Leon county; DAVID S. WALKER, judge.
Syllabus by the Court
1. Circuit court rule 97 provides that the bill of exceptions shall be made up and signed during the term of the court unless by special order further time is allowed. The time allowed by an order will be held to mean time in addition to the remainder of the term of the court, unless there is something in the order or record evidencing a contrary intent.
2. An order of the circuit court allowing an appellant 30 days in which to make up his bill of exceptions means 30 days subsequent to the adjournment of the term.
COUNSEL fred T. Myers, for motion.
R. W Williams, contra.
Appellee moves to strike the bill of exceptions from the transcript of the record because it shows upon its face that it was tendered to and signed by the circuit judge after the term at which the judgment was rendered, and after the time allowed by the order for making up and tendering the same. An order made by the circuit judge April 25, 1889, refusing a motion for a new trial, concludes thus: 'To the overruling of which motion defendant, by his attorney, excepts, which exception is noted, and defendant allowed thirty days in which to make up his bill of exceptions and perfect his appeal.'
The language of the circuit court rule 97, in so far as applicable to this controversy, is as follows: 'The bill of exceptions shall be made up and signed during the term of the court, unless by special order further time is allowed.' 'Further time' means time beyond the expiration of the term, for without an order the bill of exceptions can, under the well-understood practice be settled at any time during the term. Marks v Boone, 24 Fla. ----, 4 South. Rep. 532; Greeley v Percival, 21 Fla. 429. Where there is nothing upon the face of the order, or in the record, showing a contrary intent as to the commencement of the time allowed, the order must be construed as fixing it at the expiration of the term of the court. A different construction would be in conflict with the purpose of the rule to secure an additional privilege to an appellant. Viewing this order in connection with the rule, its meaning and effect are to give the appellant 30 days, which he would not have had without it, for settling his bill of exceptions, or in other...
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Hainlin v. Budge
... ... Co., 34 Fla. 300, 16 So. 180. In Brown v ... State, supra, Glaser [56 Fla. 351] v. Hackett, 38 Fla ... 84, 20 So. 820, and Allen v. Lewis, 38 Fla. 115, 20 ... So. 821, will be found a full and instructive account of the ... origin and office of a bill of exceptions. We find that ... 761, text 784; Myrick v. Merritt, 21 Fla. 799; ... Temple v. Florida Land & Immigration Co., 23 Fla ... 59, 1 So. 333; Lewis v. Meginniss, 25 Fla. 589, 6 ... So. 169; McGee v. Ancrum, 33 Fla. 499, text 506, 15 ... So. 231, text 233; Stephens v. Hale, 33 Fla. 618, 15 ... So. 251; ... ...
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The Toltec Live Stock Company v. Gillespie
...for the appellate court to act on; it has no effect to extend the time prescribed by the statute for appealing." (See also Lewis v. Meginniss, 25 Fla. 589, 6 So. 169; v. Cook, 104 Ill. 98; Hammond v. Wolf, 78 Iowa 227, 42 N.W. 778.) We think it necessary to hold that the proceeding in error......
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Whitaker v. Sparkman
... ... had no power to limit or extend the time for appealing, and ... thereby suspend the statute, (Lewis v. Meginniss, ... 25 Fla. 589, 6 South. Rep. 169; Jackson v. Haisly, ... 27 Fla. 205, 9 South. Rep. 648,) we cannot hesitate to assume ... that ... ...
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Parradee v. Steed
... ... taken to the judgment in the cause. See Jackson v ... Haisly, 27 Fla. 205, 9 So. 648; Lewis v ... Meginniss, 25 Fla. 589, text 590, 6 So. 169 ... Where a ... writ of error is not duly taken to a final judgment within ... the ... ...