Yoast v. Beatty

Citations

• 12 Pa. Super. 219
• 1900 Pa. Super. LEXIS 223

Syllabus

<p>Practice, G. P — Bills of exception — Stenographer's notes must be certified by judge as correct — Appeals.</p> <p>It is essential to the validity of the record that the stenographer’s notes of evidence, exceptions and the charge when filed of record, should be certified to as correct by the signature of the judge. The judge may so declare either by formal bills with his seal, or he may adopt the notes of the stenographer as verity, and so declare by his certificate at the end of the stenographic report, certifying to its correctness as a whole.</p> <p>In the case at bar at the end of what purports to be the stenographer’s report of the trial, including the evidence and charge of the court, appears the following: “Charge approved and ordered filed,” which entry was signed by the court. Held, that such certificate cannot be construed as the judge’s approval or authentication of the stenographer’s report of the evidence, and that the appeal must be quashed when the correctness of the instructions are assigned for error, inasmuch as the evidence, not being properly on the record, the assignments cannot be considered.</p>