Woodward v. Heist

Citations

• 180 Pa. 161
• 36 A. 645
• 1897 Pa. LEXIS 895

Syllabus

<p>Equity — Practice, G. P. — Evidence.</p> <p>In an equity proceeding involving questions of fact passed upon by the court below, where the assignments of error are based upon rulings on the evidence, the Supreme Court, in the absence of a bill of exceptions and certificate as to the correctness of the evidence printed in the appellant’s paper-book, will affirm the decree.</p> <p>Equity rules — Certifying evidence — Practice—Bill of exceptions.</p> <p>Since the adoption of the amended equity rules of January 15,1894, the practice in regard to certifying the correctness of the evidence in equity eases is assimilated to the corresponding practice in cases at law. The official stenographer who actually takes the testimony must certify to the correctness of the notes which he files, and the trial judge should order the notes to be filed and certify to their correctness.</p> <p>On an appeal in an equity case where the evidence has not been certified to by the stenographer or the trial judge, a motion for leave to apply to the court below to have the evidence certified will not be entertained if the motion is not accompanied by an affidavit that the evidence as printed in the appellant’s paper-book is what it purports to be, and that the stenographer and trial judge have examined it and are ready to make the needed certificates.</p>