Public-domain · open source
OpenJurist

127 Colo. 234

255 P.2d 976

Mauldin v. Lowery

Supreme Court of Colorado

Decided March 9, 1953

Supreme Court of Colorado · decided 1953-03-09

Key passage — most relied on by later courts

“Our Court will not search through briefs to discover what errors are relied on, and then search through the record for supporting evidence. It is the task of counsel to inform us, as required by our rules, both as to the specific errors relied on and the grounds and supporting facts and authorities therefor.”

quoted by 3 later decisions, including Meza v. Industrial Claim Appeals Office, People v. Graybeal

Good law ✅— No negative treatment on recordhow we know

Decided 1953-03-09

How this case has been cited

Cited by 47 later decisions — most recently March 2021 · most notably Westrac, Inc. v. Walker Field, Colorado, Public Airport Authority (1991), Castillo v. Koppes-Conway (2006)

47 state decisions

16019531960197019801990200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Mr. Chief Justice Stone

¶1 delivered the opinion of the court.

¶2 Our Rules of Civil Procedure, apparently having been confusing to the bar as to the distinction between the “Specification of Points” relied on for reversal on error, required by Rule 111 (f), and the “statement of each point intended to be urged, required by Rule 115 (c), have been amended to eliminate specification of points, and now require, by Rule 111 (f), in lieu of the former requirements, that “each party in his brief in his summary of the argument required by Rule 115 (c) shall state clearly and briefly the grounds upon which he relies in seeking a reversal

¶3 Rule 115 (c) further requires that: “Every brief filed in the supreme court, except one filed in support of or in opposition to a motion or an application for supersedeas shall contain separately in the order following: “(1) A subject index of the entire brief. (2) A table of all cases and statutes cited . (3) The statement of the case as required by subdivision (a) of this rule. (4) A concise summary of the argument setting forth clearly and succinctly the grounds relied on by the party presenting the brief as required by Rule 111 (f). (5) The argument exhibiting clearly, separately, and without unnecessary repetition the points of fact and law being presented

¶4 The brief of plaintiffs in error, upon which re *236 versal of the judgment of the trial court is sought, contains no subject index and no summary of the argument, separately or otherwise, and no other provision for advising this Court of the grounds relied on for reversal. There is no separate statement of the case, as required by Rule 115 (a) and (c), and the part of the brief which might be considered as intended for such statement is intermingled with argument; the statement of facts is not supported by references to folio numbers of the record, and the verdict and judgment sought to be reviewed are not set forth.

¶5 Our Court will not search through briefs to discover what errors are relied on, and then search through the record for supporting evidence. It is the task of counsel to inform us, as required by our rules, both as to the specific errors relied on and the grounds and supporting facts and authorities therefor.

¶6 The judgment is affirmed.

/127/colo/234 · .json · Public domain