Eldred v. Malloy
Supreme Court of Colorado
Error to Probate Court, Jefferson County. The transcript of the record filed in this cause set forth what purported to be a bill of exceptions reserved by the appellant, preceded by the following entry: “ Judgment for plaintiff. Defendant allowed forty days to prepare bill of exceptions herein.
Read the full summary
Error to Probate Court, Jefferson County. The transcript of the record filed in this cause set forth what purported to be a bill of exceptions reserved by the appellant, preceded by the following entry: “ Judgment for plaintiff. Defendant allowed forty days to prepare bill of exceptions herein. And the defendant prepared and exhibited to the said probate judge his bill of exceptions within the time limited by said court, and which were then and there signed by the judge of said probate court, and are in words and figures following, to wit: ”
1Opinion of the CourtWells, J.
We are of opinion that, in order to the consideration of any errors assigned upon the rulings of the probate court during the trial, it must appear by the record, certified to us, that a bill of exceptions was allowed by the judge of that court, either during the term or afterward, and within a period allowed by the order of the court for that purpose. If signed and sealed within the time limited, it may, it would seem, be filed at any subsequent day. R. S. ch. LXX, § 21.
But it must appear by the record to have been actually filed at some day, for otherwise, though signed and sealed by the…
2Cases cited1 opinion
- Murphy v. CunninghamSupreme Court of Colorado · 1872
3Cited by11 opinions
- Niles v. ShinkleSupreme Court of Colorado · 1949
- Crowley v. Farmers State BankSupreme Court of Colorado · 1942
- Pettit v. PeopleSupreme Court of Colorado · 1898
- Yates v. TatumSupreme Court of Colorado · 1915
- Tucker v. ThravesSupreme Court of Oklahoma · 1915
6 more not listed; retrieve them via the Exa API.