Sánchez Osorio v. de Vizcarrondo Mongrand

ON MOTION FOR REHEARING

In their motion for reconsideration the appellants insist with a considerable display of authorities that where the stenographer’s notes are lost without any fault on the part of the appellant, the courts will as a rule order a new trial. We were fully aware of the general principle when we delivered our original opinion.

We find no reason to change our original idea that such a motion should ordinarily be made in the district court. We did not, and can not, agree with the appellants that the fact that the statutory time for filing an ordinary motion for a new trial has…