Murphy v. Cunningham
Supreme Court of Colorado
Appeal from District Court, Jeff arson County. The action was brought before a justice^of the peace, and thence appealed to the district court.
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Appeal from District Court, Jeff arson County. The action was brought before a justice^of the peace, and thence appealed to the district court. At the trial in the district court, the plaintiff testified : That in the month of December, 1870, he worked for the defendant five and one-half days in a drift, at taking out coal, and that the same was worth four dollars per day; that, before commencing said work, he agreed with defendant to take out and deliver, at the mouth of said drift, the coal, and was to have two dollars per ton for what he took out and so delivered; that he did not know how…
1Opinion of the CourtWells, J.
By the record which has been certified to us in this case, it appears that the bill of exceptions taken by the plaintiff in error was not filed until the lapse of nearly sixty days after the adjournment of the term at which the judgment complained of was given, and the record fails to show that time was given to present such bill of exceptions.
According to all the authorities, and, indeed, by the letter of the statute, the bill of exceptions must be signed during the term at which the judgment or opinion excepted to is *471given, unless a day in vacation is allowed therefor by order of the court.…
2Cases cited1 opinion
- Maffett v. PollardIndiana Supreme Court · 1862
3Cited by13 opinions
- Knight v. LawrenceSupreme Court of Colorado · 1894
- Town of Pagosa Springs v. PeopleColorado Court of Appeals · 1913
- Kinney v. WoodSupreme Court of Colorado · 1887
- Eldred v. MalloySupreme Court of Colorado · 1873
- Morton v. LaeschSupreme Court of Colorado · 1912
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