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6 Colo. App. 451

Wieland v. Potter

Colorado Court of Appeals

Decided April 15, 1895

Colorado Court of Appeals · decided 1895-04-15

<p>1. Appellate Pbactice — Abstbact.</p> <p>A writ of error may be dismissed for a failure to comply with the rules of court respecting abstracts of the record.</p> <p>2. Bill op Exceptions.</p> <p>•A bill of exceptions must be authenticated by the signature and seal of the trial judge.</p> <p>3. Same.</p> <p>Without a bill of exceptions there can be no review of the judgment upon the evidence.</p>

Cited by 4 later decisions — most recently April 1899

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1895-04-15

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Per Curiam.

¶1We must again call the attention of the bar to the necessity of abstracting cases in accordance with the rules of court. In this case the abstract is not a decently full index. From it it is impossible to get an understanding as to the character and nature of the case. To inform the court at what folios of the record something can be found, although it may be of some,assistance, does not comply with the rules.

¶2In this case there is another and more serious difficulty. There is no bill of exceptions.

¶3The only certificate of what purports to be a bill of exceptions is that of some person who styles himself “ Official Stenographer.” It is needless to say that such a certificate is worthless and cannot be substituted for that of the judge.

¶4The only question involved was as to the ownership of personal property, and that was entirely dependent upon the evidence.

¶5Without a bill of exceptions, there is no basis for a review of the judgment.

¶6The writ of error will be dismissed.

¶7Dismissed.

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