Fechheimer v. Trounstiene
Supreme Court of Colorado
Error to District Court of Arapahoe County. Motion to strike out bill of exceptions. When the bill of exceptions in this case was prepared the presiding judge was absent from the state. It was tendered to his associate upon the bench (there then being-two district judges) within the time fixed by order for signing and sealing the same. The judge to whom the bill was tendered marked the date of such tender, but declined to sign and seal the same.
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Error to District Court of Arapahoe County. Motion to strike out bill of exceptions. When the bill of exceptions in this case was prepared the presiding judge was absent from the state. It was tendered to his associate upon the bench (there then being-two district judges) within the time fixed by order for signing and sealing the same. The judge to whom the bill was tendered marked the date of such tender, but declined to sign and seal the same. Upwards of six months after the return of the judge who presided at the trial, and long after the time fixed by order for signing and sealing the…
1Per curiam
In regard to the authentication of bills of exceptions, some difference exists in the position taken by various courts of last resort; but, in our judgment, the view that such bills must be signed and sealed by the judge whose rulings are excepted to, not only rests upon the better reason, but is also sanctioned both by statute and by the weight of authority. Morse v. Evans, 6 How. Pr. 445; Law v. Lansing, 8 Cow. 746; Railroad Co. v. Marseilles, 107 Ill. 313; People v. Lee, 14 Cal. 510; Davis v. President, etc. 20 Wis. 194.
The wisdom and propriety of this rule are so obvious as scarcely to…
2Cases cited5 opinions
- People v. LeeCalifornia Supreme Court · 1860
- Chicago, Pekin & Southwestern Railroad v. Town of MarseillesIllinois Supreme Court · 1883
- Law v. Jackson ex dem. LansingCourt for the Trial of Impeachments and Correction of Errors · 1826
- Davis v. President of MenashaWisconsin Supreme Court · 1865
- Morse v. EvansNew York Supreme Court · 1852
3Cited by13 opinions
- Stirling v. WagnerWyoming Supreme Court · 1892
- Bradbury v. AldenColorado Court of Appeals · 1899
- Camelin v. SmithSupreme Court of Colorado · 1912
- Williams v. PeopleSupreme Court of Colorado · 1898
- Chicago Lumber Co. v. DillonColorado Court of Appeals · 1899
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