David L. Yulee v. Francis Bradier

David L. Yulee v. Francis Bradier

Lower Court

  • St. Johns County


  • 1861


  • 473


  • 853


Of that action, we can neither add to nor diminish his report of a case- In issuing a [?] the [?] directs specifically the document omitted to be copied so that the court below or the clerk may learn what particular paper is desired. We cannot send for a paper described as "certain documentary evidence," nor can we direct other "evidence to be sent for of Drs. Weans and Peck corrected by themselves and the attorneys of appellee according to their views to supply the places of the testimony authenticated by the circuit court."

"It may be admitted that the judge of the Circuit Court should have signed the bill in the presence of the Counsel on both sides or after the opportunity to each to be heard as to its accuracy- no doubt this should be done always- The record of a trial and its history is scarcely secondary to the trial itself, as the addition or omission of our word may change aspect of a whole case, regularly it should be by the Court in the presence of both parties and the trial; if the time is extended, the like caution should be observed as at the trial itself- The presumption of law is that it is so done - To allow a dispute as to a record signed by the judge, below is [?] to be called in question the accuracy of his statement- to allow applicants of interested parties or their