Rosaly v. Graham y Frazer,
227 U.S. 584 (1913)

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U.S. Supreme Court

Rosaly v. Graham y Frazer, 227 U.S. 584 (1913)

Rosaly v. Graham y Frazer

No. 64

Submitted December 5, 1912

Decided February 24, 1913

227 U.S. 584


The jurisdiction of this Court on appeal 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.

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.

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.

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.

16 P.R. 15 affirmed.

The facts, which involve the jurisdiction of this Court of appeals from the Supreme Court of Porto Rico and whether the facts found support the judgment in a suit to determine title to real estate in Porto Rico, are stated in the opinion.

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