Gonzales v. Buist, 224 U.S. 126 (1912)

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Gonzales v. Buist


No. 181


Submitted March 4, 1912
Decided April 1, 1912
224 U.S. 126

APPEAL FROM THE DISTRICT COURT OF THE
UNITED STATES FOR PORTO RICO

Syllabus

Appellant’s contention that he was not accorded a proper hearing in the court below cannot be availed of here if the record does not show that he formally excepted or objected to the rulings. Apache County v. Barth, 177 U.S. 538.

Under § 35 of the Porto Rican Act of April 12, 1900, 31 Stat. 85, c.191, writs of error to and appeals from final decisions of the Supreme Court for the District of Porto Rico are governed by the rules that govern writs of error to and appeals from Supreme Courts of the Territories, which confine this Court to determining whether the court below erred in deducing its conclusions of law from the facts as found, and to reviewing errors committed as to admission or rejection of testimony upon proper exceptions preserved. Young v. Amy, 171 U.S. 179.

On appeal from the supreme court of a territory, the agreed statement or findings must be of the ultimate facts, for if they are merely, as in this case, a recital of testimony or evidentiary facts, there is nothing brought to this Court for consideration, and the judgment must be affirmed. Glenn v. Fant, 134 U.S. 398.

4 P.R. 243 affirmed.

The facts, which involve the rules governing appeals from the Supreme Court of Porto Rico and the District Court of the United States for the District of Porto Rico, are stated in the opinion.