Heyer v. Cunningham Piano Co.

Citations

• 6 Pa. Super. 504
• 1898 Pa. Super. LEXIS 188

Syllabus

<p>Bills of exception — Practice, G. P. — Exceptions—Testimony—Charge of pourt.</p> <p>Exceptions to evidence are required only when the question of its admissibility is presented, when there is no objection there is no ground for an exception. Instead of authentication by bill of exceptions, both evidence and charge are placed on the record as directed by the act of 1887. The procedure in this respect has been repeatedly stated by the Supreme Court. It may be thus summarized:</p> <p>1. It is the duty of the stenographer to take complete and accurate notes of the proceedings, evidence and charge, and to transcribe, for filing, a longhand or typewritten copy; but this transcription may be omitted in the discretion of the court, with the consent of counsel.</p> <p>2. Exceptions noted by the stenographer, by direction of the judge, are equivalent to the formal sealing of a bill of exceptions.</p> <p>8. The stenographer has no authority to note an exception except by direction of the judge.</p> <p>4. To become part of the record, the copy of the stenographer’s notes must be certified to by the stenographer, and approved by the judge and filed by his direction.</p> <p>5. The stenographer’s certificate must set forth, in substance, that the proceedings, evidence and charge are contained, fully and accurately, in the notes taken by him on the trial, and that the copy filed is a correct transcript of the same. It must be signed by the stenographer, and not in a firm name or by deputy.</p> <p>6. The judge’s certificate must show, in substance, his belief that the transcript is correct, and that it is filed by his direction.</p> <p>7. Transcripts of the proceedings and evidence, and of the charge, with the requisite certificates, may be filed together or separately.</p> <p>Charge of court — Comments on evidence — Entire charge to be weighed.</p> <p>The charge of the court does not disclose reversible error when, if the assignments of error to the chai’ge ai’e weighed in conne