Farley v. Altoona & Logan Valley Electric Railway Co.

Citations

• 32 Pa. Super. 413
• 1907 Pa. Super. LEXIS 24

Syllabus

<p>Appeals — Record—Testimo-ny—Certificate of judge.</p> <p>A loose paper not attached to, and not in anyway identifying the stenographer’s report of the testimony, and not filed in the office of the prothonotary of the court below until after the record and the stenographer’s report of the testimony have been removed to the appellate court, is not a compliance with rule 6, sec. 2, relating to the certification of testimony, and this is the case even though the paper be drawn in the exact words of the rule.</p> <p>The report of the evidence duly certified by the trial judge is not open to contradiction in the appellate court, and the report depends for its presumption of verity upon such certificate of the judge.</p>