COPYRIGHT. 1893.

DY

WEST PUBLISHING COMPANY.

(33 PAC.)

и

10/6/45

JUDGES

OF THE

COURTS REPORTED DURING THE PERIOD COVERED BY THIS VOLUME.

RULES OF COURT.

COURT OF APPEALS OF COLORADO.

No application for a writ of error to be made a supersedeas will be considered by the court, or by a judge or judges thereof, in vacation, unless the transcript shall have

been filed in this court. At the time of fil

pay to the clerk of this court the sum of 10 ecute his writ of error, he shall, upon fildollars. Thereafter, should he elect to prosing an abstract of said transcript, as provided for by the rules of this court, pay to the clerk of the court an additional sum of 10

Rule 1. Writs of error shall be directed to the clerk or keeper of the records of the court in which the judgment or decree coming the transcript the plaintiff in error shall plained of is entered, commanding him to certify a correct transcript of the record to this court. In any case where a transcript of the record, duly certified to be full and complete, has been filed, or may be hereafter filed, in the office of the clerk of this court, before the issuance of a writ of error, it shall not be necessary, except in a case where a supersedeas may be allowed, to deliver such writ to the clerk of the inferior court; but the same may be filed in the office of the clerk of this court, and such transcript, so filed with the clerk of this

court, shall be taken and considered to be a due return to said writ of error. When a writ of error shall issue in a case where a supersedeas has been allowed after the filing of the transcript of the record, and shall be served on the clerk of the inferior court, he shall return upon said writ that the same has been served upon him, and that it appears by the indorsement thereon that a transcript of the record has been filed in the office of the clerk of the court of appeals.

Rule 2. A scire facias, or summons to hear errors, if issued ten days or more before the first day of the term, shall be returnable to the first day of the term.

If issued less than ten days before the first day of the term, it may be made returnable to any day in the term: provided, that in all cases, if such writ shall not be served ten days before the return day thereof, the defendant so served shall not be required to appear in obedience thereto until the first day of the term succeeding such return day. A defendant upon whom process has not been served may enter his appearance, and, upon five days' notice to the plaintiff, may proceed in the same manner as if duly served with process.

Rule 3. If a scire facias, or summons to hear errors, shall not be served, an alias or pluries may be issued without an order of court therefor.

Rule 4. No supersedeas will be granted unless the transcript of the record on which the application is made be complete, and certified to by the clerk of the court below, with an assignment of errors written thereon or appended thereto.

v.33 P.

dollars.

Rule 5. When a writ of error shall be

"A

made a supersedeas, the clerk shall indorse upon said writ the following words: transcript of the record in this case having been filed in my office, with an order indorsed thereon that the writ of error herein be made a supersedeas, according to law, this writ of error is therefore made a supersedeas, and shall operate accordingly," which indorsement shall be signed by the clerk of this

court.

Rule 6. Whenever execution or other final law or decree in equity, and the record of process shall be issued upon a judgment at such judgment or decree shall be removed into this court by writ of error operating as a supersedeas, such writ of error may be served upon the officer in whose hands such execution may be; and thereupon all proceedings under such execution shall be discontinued, and such officer shall return the same into the court from which it was issued, together with the copy of the writ of error served on him, and shall set forth in his return to such execution what, if anything, he hath done in obedience to the command thereof.

Such service of the writ of error and su

persedeas may be made by delivering to the officer having such final process for execution a copy of such writ of error and the indorsements thereon, with the certificate of the clerk of the court of appeals, or of the clerk of the inferior court to whom the same is directed, that the same is a true and perfect copy of the original of such writ of er ror and the indorsements thereon.

Rule 7. Whenever a bond is executed by an attorney in fact, the original power of attorney shall be filed with the bond in the office of the clerk of this court, unless it shall appear that the power of attorney contains other powers than the mere power to execute the bond in question; in which case (v)

Supplemental Transcript of Record. Rule 11. When a party to any cause pending in this court asks leave, without suggesting a diminution of record, to file an additional or supplemental transcript of the record, he shall give at least twenty-four hours' notice thereof to the opposite party. At the time of giving such notice, the additional or supplemental transcript shall be deposited with the clerk of this court for the inspection of the opposite party. If, upon hearing the motion, leave is granted, the additional or supplemental transcript may be filed and considered in connection with the original transcript.

Rule 12. If a transcript of the record shall not be filed, as required by law, in case of appeal, the appellee may present a transcript of the judgment, the order allowing the appeal, the bond and the approval thereof, and thereupon the appeal shall be dismissed, with costs.

Whenever an appeal or writ of error shall be dismissed, this court may, in its discretion, affirm the judgment of the court be

Assignment of Errors.

Rule 13. Appellants and plaintiffs in error shall assign errors in writing at the time

of filing the transcript of the record, and each error shall be separately alleged and particularly specified.

When the error alleged is to the charge of the court, the part of the charge referred to shall be quoted totidem verbis in the specifications: provided, where the charge is

divided into separate paragraphs or instructions, which are each duly numbered, and paragraphs or instructions, it shall be suffierror is assigned as to one or more entire cient to designate the part of the charge referred to by giving the number prefixed to each paragraph or instruction so assigned

for error.

The same shall be signed by an attorney Rule 14. If the appellant or plaintiff in or counselor of the court. or writ of error may be dismissed; and, error shall fail to assign errors, the appeal if the appellee or defendant in error shall not appear and join in error within fifteen days after the return day, the cause may be heard ex parte, or the judgment or decree versed without a hearing. may be, in the discretion of the court, re

Rule 15. Counsel will be confined to a discussion of the errors stated, but the court may, in its discretion, notice any other errors appearing in the record.