David L. Yulee v. Francis Bradier

David L. Yulee v. Francis Bradier

Lower Court

  • St. Johns County


  • 1861


  • 473


  • 853


Included in said record," the applicant of the other is not so full, he confirming the statement as to the alteration in the testimony of Weams and Peck- it is very manifest we think that there is nothing here for the [?] to act upon according to the well established rule and practice of the comp- Its office is to bring up a part of record of the comp below which was omitted to be sent in the first transcripts, this application contests the accuracy of the record as it is admitted to exist and world use the process of the comp to obtain a new and a different one. The comp below has the making of its own record which consists of the minutes signed by the judge, the pleadings of the parties on the action of the court as presented in bills of exceptions signed by the judge and this latter is of as sacred and solemn a character as the minutes. If there is an omission to do something which ought to have been done, to state a fact that, ought to have been stated the remedy is an application to the [?] below not to this court- the bill of exceptions is "of such absolute variety that it is not permitted to be called in question nor can an argument be permitted to the contrary." I Bacon A. G. 528. An action is upon what the Court below has done and the judge then is made by law the author certified