Loftus v. Johnson

Citations

• 22 N.M. 302
• 161 P. 1115

Syllabus

<p>SYLLABUS BY,THE COURT.</p> <p>1. In all actions tried without a jury the testimony taken before a court or that taken by a referee, the transcribed notes of the stenographer in such cases, properly certified by the court or referee, and all motions, orders, or decisions made or entered in the progress of the trial of any such action shall become and be a part of the record for the purpose of having the cause reviewed by the Supreme Court upon appeal or writ of error, without any bill of exceptions.</p> <p>P. 304</p> <p>2. Section 31, c. 57. Sess. Laws 1907 (section 4500, Code 1915), provides a method by which less than the entire record may be incorporated into the transcript, but, under this section, all that portion of the record essential to a review in the Supreme Court of the questions presented must be incorporated into the transcript of the record. P. 305</p> <p>3. Upon a doubtful or deficient record every presumption is indulged in favor of the correctness and regularity of the decision óf the court below. P. 306</p> <p>4. The duty of having a transcript properly prepared and filed rests upon the appellant or plaintiff in error.</p> <p>P. 306</p> <p>5. Section 4502, Code 1915, provides that a suggestion, or motion for a certiorari to supply a diminution of the record shall be made on the first day of the term to which the appeal or writ of error is returnable, and shall be accompanied by an affidavit setting forth reasons,, satisfactory to the court, for the omission of the same from the transcript.</p> <p>P. 306</p>