Ana Maria Sugar Co., Inc. v. Quinones, 254 U.S. 245 (1920)

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Ana Maria Sugar Company, Inc. v. Quinones

No. 54

Argued October 21, 1920
Decided December 6, 1920
254 U.S. 245

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIRST CIRCUIT

Syllabus

1. The rule that errors in rulings of law committed in a trial court cannot be considered on writ of error unless raised by bill of exceptions has no application to rulings by an intermediate appellate court, like the Supreme Court of Porto Rico, although it has power to review the evidence, make new findings of fact, and enter such judgment as it may deem proper. Such rulings are part of the record, and need not be excepted to. P. 247.

2. The jurisdiction of the Circuit Court of Appeals for the First Circuit under the Act of January 28, 1915, to review judgments of the Supreme Court of Porto Rico, does not include power to review findings of fact made by that court in an action at law. P. 248.

3. A mistake in bringing up such a case by an appeal instead of a writ of error is cured by the Act of September 6, 1916, but that act does not abolish the distinction between the two modes of review, and the case will be reviewed as on writ of error. Id.

4. Where a judgment of the Supreme Court of Porto Rico in an action for breach of contract was assailed in the circuit court of appeals as based on a particular method of measuring damages alleged to have been erroneous, but it appeared from the opinion of the former court that the damages were allowed on other grounds which were not assigned as error or otherwise objected to in the Circuit Court of Appeal and were not there considered, held that they could not be insisted upon as grounds for reversal by this Court. P. 249.

251 F. 499 affirmed.

The case is stated in the opinion.