Beckwith v. Talbot
Supreme Court of Colorado
Appeal from District Court, Pueblo County. This cause having been continued at the last term to enable appellee to move the district court for leave to amend the record of the bill of exceptions, Mr. Butler now, at this term, filed a transcript of such amendment made at the June term, A. I). 1874, of the district court.
Read the full summary
Appeal from District Court, Pueblo County. This cause having been continued at the last term to enable appellee to move the district court for leave to amend the record of the bill of exceptions, Mr. Butler now, at this term, filed a transcript of such amendment made at the June term, A. I). 1874, of the district court. Thereupon, Mr. Phelps, of counsel for appellant, moved to strike the transcript of such amendment from the files upon the ground that the district court had no authority to allow such amendment at a term subsequent to that in which the cause was tried, there being nothing in…
1Per curiam
We find, upon examining the record of the exception taken to the ruling of the court below, that the amendment was allowed upon minutes of the trial kept by the judge of that court, and, therefore, it is not true, as alleged by counsel, that there was no memorandum in writ*605ing upon which the amendment could be made. Mr. Stone, who took minutes of the testimony upon the trial below, testifies that by a slip of the pen he recorded the testimony as it is given in the original bill of exceptions, but that the witness did in fact testify as stated in the amendment, and his testimony was supported…
2Cited by5 opinions
- State v. EstesOregon Supreme Court · 1898
- Brockman v. UllomNevada Supreme Court · 1930
- Seeley v. TaylorSupreme Court of Colorado · 1891
- Denver City Tramway Co. v. RobertsSupreme Court of Colorado · 1908
- Whipple v. PreeceUtah Supreme Court · 1899