Reynolds v. Campling
Supreme Court of Colorado
Appeal from the District Court of Otero County. ■ The appellee moves to strike the bill of exceptions from the files in this case. It appears that within the time fixed by the court for the filing of the bill of exceptions the appellant tendered to the judge a bill including the transcript of the testimony as ¡prepared by the appellant’s private stenographer.
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Appeal from the District Court of Otero County. ■ The appellee moves to strike the bill of exceptions from the files in this case. It appears that within the time fixed by the court for the filing of the bill of exceptions the appellant tendered to the judge a bill including the transcript of the testimony as ¡prepared by the appellant’s private stenographer. At the trial the court stenographer, was present, and took down the testimony and the rulings and decisions of the court made during the progress of the trial. The district judge refused to sign and seal the bill of exceptions, because…
1Per curiam
We think the motion should be denied for two reasons: First. It was the duty of the appellee, if the bill of exceptions as tendered and filed was not correct, to file counter affidavits thereto in this court and require this court to settle the same in accordance with section 885 of the code of 1887. This was not done. In all respects, the appellant has complied with section 885 ; and the bill of exceptions as tendered, in the absence of any showing, in the manner pointed out by statute, of its incorrectness, we must hold to be a good and true bill. Second. Sven were this not so, the…
2Cited by9 opinions
- Lavelle v. Town of JulesburgSupreme Court of Colorado · 1910
- Pacific Mutual Life Insurance v. Van FleetSupreme Court of Colorado · 1910
- Merriner v. JeppsonColorado Court of Appeals · 1903
- Morton v. LaeschSupreme Court of Colorado · 1912
- Board of County Commissioners v. TulleyColorado Court of Appeals · 1902
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