Fick v. Crook
Supreme Court of Colorado
Appeal from the County Court of Gilpin County. This action was commenced by appellee, as contestor, in the court below, against appellant, as contestee, to contest tbe election of the latter to the office of county commissioner for the third commissioners’ district, of Gilpin county. From a judgment in favor of contestor, the contestee appeals.
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Appeal from the County Court of Gilpin County. This action was commenced by appellee, as contestor, in the court below, against appellant, as contestee, to contest tbe election of the latter to the office of county commissioner for the third commissioners’ district, of Gilpin county. From a judgment in favor of contestor, the contestee appeals. The condition of the original bill of exceptions was such, that none of the questions which appellant sought to raise could be reviewed in this court. Thereupon, through his counsel, he obtained leave to withdraw the same for the purpose of correction…
1Opinion of the CourtJustice Gabbert
The matters incorporated in the supplemental bill of exceptions are not part of the record proper; therefore, unless preserved by the former, there is nothing before us to consider. An amended or supplemental bill contemplates that it contains something to supply defects in, or in aid of, the original. Its proper office is to perfect that which is imperfectly done, but not to originate something entirely new. The original bill contained none of the matters in the supplemental one, either in whole or in part, hence, they do not amend or complete anything in the original bill, but partially…
2Cases cited1 opinion
- Martin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1890
3Cited by5 opinions
- Van Why v. Southern Pac. Co.Utah Supreme Court · 1906
- Denver City Tramway Co. v. RobertsSupreme Court of Colorado · 1908
- Cook's Estate v. FiedlerColorado Court of Appeals · 1913
- Cook's Estate v. FiedlerColorado Court of Appeals · 1913
- Whipp v. PeopleSupreme Court of Colorado · 1925