Stocking v. Morey
Supreme Court of Colorado
Appeal from, District Court of Arapahoe County. Motion to strike out part of bill of exceptions. This case was tried at the April, 1889, term of said court, on the 26th day of April, 1889, and taken under advisement, and on May 3, 1889, the court found for the plaintiff. May 8, 1889, at the same term, defendant filed his motion for a new trial..
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Appeal from, District Court of Arapahoe County. Motion to strike out part of bill of exceptions. This case was tried at the April, 1889, term of said court, on the 26th day of April, 1889, and taken under advisement, and on May 3, 1889, the court found for the plaintiff. May 8, 1889, at the same term, defendant filed his motion for a new trial.. No bill of exceptions was filed at the April term, 1889, of said court, nor was any order entered at that time fixing the time for filing bill of exceptions. At the September term, 1889, of said court, and on the 12th day of 'October, 1889, the same…
1Opinion of the CourtJustice Hayt
We are asked upon this motion to strike from the bill of exceptions filed herein all that portion relating to the proceedings had in the court below at the April term thereof, or, in case the court should be of the opinion that this ought not to be done, then appellee seeks to have all the proceedings had at such term stricken out, save and except only the evidence.
The position of appellee is substantially this: That to make the proceedings had at the April term a part of the record, appellant should either have tendered a bill of exceptions containing the same to the judge for his…
2Cases cited3 opinions
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Gomer v. ChaffeSupreme Court of Colorado · 1880
- Kansas Pacific Railway Co. v. Twombly's Adm'xSupreme Court of Colorado · 1875
3Cited by7 opinions
- Atlantic Coast Line Railroad v. MallardSupreme Court of Florida · 1907
- Rehfield v. MooreSupreme Court of Florida · 1918
- Bradbury v. AldenColorado Court of Appeals · 1899
- Cowan v. CowanSupreme Court of Colorado · 1891
- Monteith v. Union Pacific, Denver & Gulf Railway Co.Colorado Court of Appeals · 1899
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