Requena v. Mesa
Requena v. Mesa
Opinion of the Court
delivered the opinion of the conrt.
This suit was brought by the plaintiff on the 7t'k of December, 1905, against the defendants on a promissory note for $448. The defendants were sought to he made liable both individually and as members of the partnership of Dordal & Mesa. Being duly served they answered, denying that they constituted the firm of Dordal & Mesa, and alleging that their minor sons were the real partners; also denying that they had received $448 as a loan, but that they had borrowed $400, and that the $48 was added as usurious interest; so the two questions of partnership and usury are the defenses made in this case.
In bringing the case to this conrt the attorney for the appellants neglects to present either a bill of exceptions or a statement of facts, but instead of doing so, files what he certifies to be copies of the promissory note, and of the articles of partnership, and of the stenographer’s notes taken upon the trial.
We have repeatedly decided that the notes of the stenographer cannot be considered in this conrt, and we have also decided that when a case turns upon the facts presented in the court below, that this court cannot review it without the bill of exceptions or a statement of facts. The necessity for
Examining the pleadings and the judgment of the court, which are the only matters properly presented to this court for review, there is no error of the trial court apparent upon the record, and for this reason the judgment must be affirmed..
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.