Oliver Typewriter Co. v. Ramsey

• Decision Date: 07 November 1912
• Citation: 17 N.M. 354,128 P. 62
• Court: New Mexico Supreme Court
• Parties: OLIVER TYPEWRITER CO.v.BURTNER & RAMSEY ET AL.

17 N.M. 354

128 P. 62

OLIVER TYPEWRITER CO.

v.BURTNER & RAMSEY ET AL.

Supreme Court of New Mexico.

Nov. 7, 1912.

Syllabus by the Court.

Under section 24, c. 57, Sess. Laws 1907, where cases are tried without a jury, the certificate of 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.

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.

Appeal from District Court, Bernalillo County; H. F. Reynolds, Judge.

Action by the Oliver Typewriter Company against Burtner & Ramsey, O. A. Burtner, and G. S. Ramsey. Judgment for plaintiff, and defendants appeal. Affirmed.

See, also, 16 N. M. 271, 117 Pac. 728.

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.

Miss Nellie C. Brewer, of Albuquerque, for appellants.

R. W. D. Bryan, of Albuquerque, for appellee.

ROBERTS, C. J.

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][2] Section 24, c. 57, of 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, 103 Pac. 644.

The judgment of the lower court is therefore affirmed.

HANNA and PARKER, JJ., concur.