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· 2/22/1897

Harris v. Philadelphia Traction Co.

Citations

  • 180 Pa. 184
  • 36 A. 727
  • 1897 Pa. LEXIS 899

Syllabus

<p>Appeals — Evidence—Exceptions— Certificate of stenographer and trial judge.</p> <p>The charge of the court is not brought upon the record for review by any act of the stenographer in filing, but only by the judge’s approval and direction to file, the notes of testimony appearing affirmatively by proper certificate.</p> <p>On appeal the record showed that the stenographic notes which were filed had merely a certificate that “ the following notes of testimony are a true transcript from my shorthand notes taken in the oase” signed by the stenographer (by deputy), and having underneath the single word “approved,” with the judge’s signature. The charge followed the notes of testimony, and was included under the same cover with the stenographer’s certificate. The assignments of error were to the charge, including the answers to points. Held, that as the certificate did not cover anything but the testimony, there was nothing properly on the record to support the assignments of error.</p>

Judges: Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams

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