Oliver Typewriter Co. v. Burtner

New Mexico Supreme Court
Oliver Typewriter Co. v. Burtner, 17 N.M. 354 (N.M. 1912)

Oliver Typewriter Co. v. Burtner

Opinion of the Court

OPINION OP THE COURT.

The appellants bring this appeal, from a judgment of ■the District Court of Bernalillo County, wherein judgment was rendered against them for the sum of $6.65, and assign nine grounds of error, all based upon alleged error occurring upon the trial of the cause and conclusions of the lower court upon the evidence. Unfortunately for the appellants, and much to the relief of the court, for we are not inclined to encourage appeals to this court, where so small ■an amount is involved, the transcript of the testimony is not certified to and signed by the judge who tried the case, and is not brought into the record by bill of exceptions.

1 12 Sec. 24 of Chap. 57, S. L. 1907, provides that the testimony may become a part of the record without a -bill of exceptions, in cases tried without a jury. “When properly certified by the court or referee,” and unless such testimony is properly certified it may not be considered in the review of the case. Street v. Smith, 15 N. M. 95. The judgment of the lower court is therefore affirmed.

Reference

Full Case Name
THE OLIVER TYPEWRITER CO. v. BURTNER & RAMSEY
Cited By
1 case
Status
Published
Syllabus
SYLLABUS (BY THE COURT). 1. Under sec. 24, ebap. 57, S. L. 1907, where cases are tiled: without a jury, the certificate oí the official stenographer is not alone sufficient to make the transcript of the testimony an element in the review of the case. Such transcript must, in addition, be properly certified as correct by the trial judge. 2. The alleged grounds of error, being based upon errors occurring at the trial and conclusions drawn therefrom, and the evidence not being in the record, no question for review is presented.