Legal Opinion

Blatchley v. Coles

Supreme Court of Colorado

Decided January 27, 1882Published

—Appeal from the District Court of Lake County—Ruling on motion to strike supplemental transcript from the record.)

1Opinion of the CourtElbert, C. J.

The pleadings in this case show issues both legal and equitable. There was an order of reference. The evidence was taken by the referee and reported to the Court, together with his findings of fact and law.

This report and evidence appears in both the original and supplement transcripts of the record on file. In the former it is treated as properly a part of the record, in the latter it is preserved by bill of exceptions.

The motion raises the question of the necessity, under the Code practice, of a bill of exceptions in such a case.

The office of a bill of exceptions is to preserve matter…

2Cases cited4 opinions

  1. Smith v. NewlandIllinois Supreme Court · 1865
  2. Mason v. BairIllinois Supreme Court · 1864
  3. Ferris v. McClureIllinois Supreme Court · 1864
  4. Willoughby v. BrownSupreme Court of Colorado · 1878

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