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· 2/24/1913

Rosaly v. Graham Y Frazer

Citations

  • 227 U.S. 584
  • 33 S. Ct. 333
  • 57 L. Ed. 655
  • 1913 U.S. LEXIS 2333

Syllabus

<p>The jurisdiction of this court, on appeals from the Supreme Court of Porto Rico is confined to determining whether the facts found by that court support the judgment, and whether there was material and prejudicial error in the admission or rejection of evidence manifested by exceptions duly certified.</p> <p>In the absence of findings on a special verdict there is nothing for this ■ court to review except rulings on evidence, and in absence of error in those rulings the judgment must be affirmed..</p> <p>When the judgment record itself discloses that the opinion of one of the judges deciding the case was made part of the judgment, this court may accept the statement of fact therein contained in lieu of more formal findings.</p> <p>A finding by the appellate court that the fundamental fact of plaintiff’s interest in the property sued for has not been proven is equivalent to a negative finding upon a fact essential, to maintain the suit and supports a judgment of dismissal by the trial court.</p>

Judges: Pitney

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.