Mutual Rice Co. v. Truyol
Mutual Rice Co. v. Truyol
Opinion of the Court
delivered the opinion of the court. In 1917 the Legislature made available to every appellant
at his option an alternative method of appeal. (Code of
In the instant case, the district judge at the instance of the appellee struck from the files a transcript certified by the court stenographer as follows:
“I, Gonzalo Arán y Soler, Stenographer of the District Court for the Judicial District of Guayama, P. B., do hereby certify:
“That the foregoing is a true and faithful copy of the stenographic notes taken by me the day of the hearing of this case, as well as of all the testimony offered, of the evidence adduced, of all orders entered, of the rulings and statements of the Court, of all objections and exceptions raised and taken by counsel for the parties, and of all questions related thereto.
“I further certify: That the foregoing transcript has been prepared by a stenographer employed by Attorney Harry F. Besosa and that a comparison of said transcript by me showed that it is a true and faithful copy of what happened at the hearing of this case; that on this date I have delivered the original of this transcript of the evidence to the cleik of the District Court of Guayama, P. B., and that I have also handed copies thereof personally to Attorney Harry F. Besosa and to Tomás Bernardini de la Huerta, Attorney for the defendant. ’ ’
It may be conceded that a transcript made by an employee of appellant’s attorney should he scrutinized more closely by the district judge than one prepared by the court stenographer. Nevertheless, it is the trial judge, not the stenographer, who, by the terms of the statute, must determine
The ruling appealed from must be reversed and the case-remanded for further proceedings not inconsistent herewith.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.