Diamond Tunnel Gold & Silver Mining Co. v. Faulkner
Supreme Court of Colorado
Error to District Court of Clear Creeh County. Motion by defendants in error to strike from tbe files tbe “ so called bill of exceptions,” also, the argument of counsel for plaintiffs in error, and other matters.
1Per curiam
The plaintiffs in error attempted to have a bill of their exceptions authenticated by the affidavits of •witnesses instead of the signature and seal of the trial judge. A bill of exceptions cannot be preserved in such manner except in a case where upon the presentation of a true bill the judge “shall neglect or refuse to allow and sign and seal the same.” Code, sec. 385.
1. In this case the -written statement of the trial judge under seal, as set forth in the bill sought to be preserved by plaintiffs in error, tends to discredit the truthfulness and accuracy of certain portions of the bill…
2Cases cited4 opinions
- Green v. ElbertSupreme Court of the United States · 1891
- State v. MooneySupreme Court of Iowa · 1860
- Thornily v. PierceSupreme Court of Colorado · 1887
- St. John v. WallaceSupreme Court of Iowa · 1868
3Cited by6 opinions
- Martin v. EssrigColorado Court of Appeals · 2011
- People ex rel. Skelton v. BrownSupreme Court of Colorado · 1892
- Sawdey v. Spokane Falls & Northern Railway Co.Washington Supreme Court · 1902
- Bowman v. MaySupreme Court of Colorado · 1937
- Ehrenkrook v. WinchesterSupreme Court of Colorado · 1931
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