1 Colo. 490
Decided February 15, 1872
Supreme Court of Colorado · decided 1872-02-15
Plaintiee in error suggested diminution of the record on the affidavit of Charles C. Post, Esq., who appeared for the defendant in the court below, now plaintiff in error, and' who deposed to facts tending to show that a bill of the exceptions reserved by the defendant upon the trial in the court below had been prepared by him and allowed, and signed by the chief justice who presided at that trial, and had been afterward filed in the office of the clerk of the district court.
Decided 1872-02-15
¶1Certiorari cannot go upon this showing. The affidavit relied upon shows that the bill of exceptions no longer remains in the court below, and the clerk of that court cannot certify what is not. It may be that, upon proper showing, the district court will, in the exercise of its discretion, allow this bill of exceptions to be supplied by copy. If that should be done, you may then renew your suggestion.
¶2Motion denied.