City of Denver v. Capelli
Supreme Court of Colorado
The motion of the defendant in error, to strike from the record the bill of exceptions in this case, having been allowed, Mr. Chas. S. Thomas, for plaintiff in error, now moved for leave to file a supplemental transcript of record.
1Opinion of the CourtThatcher, C. J.
Actus curia neminem gravabit is a legal maxim, which, says Judge Cresswell, !£ is founded on *237justice and good sense; and affords a safe and certain guide for the administration of the law.” Freeman v. Tranah, 74 E. C. L. R. 415. In the case before us it applies with peculiar force. The bill of exceptions was tendered to'the judge within the time fixed by the.order of court, but was not signed by the judge within that time. “ The act of the court or judge shall not, in law, prejudice or vitiate the well-intended act of the party.” For the purpose of facilitating the settling of the bill of…
2Cases cited2 opinions
- Underwood v. HossackIllinois Supreme Court · 1865
- Lane v. RobinsonSupreme Court of Georgia · 1869
3Cited by2 opinions
- Swem v. GreenSupreme Court of Colorado · 1886
- Williams v. PeopleSupreme Court of Colorado · 1898