McKee v. Elwell

Decided September 15, 1919

Supreme Court of Colorado · decided 1919-09-15

1. Bill of Exceptions — Attestation by Affidavit. Where the bill of exceptions is disputed by the successful party, and, owing- to the sickness of the trial judge and his subsequent death, remains unsettled, it may be attested by affidavits. The ease was held “to be neglect &c. or refusal” within the spirit of the statute. Laws 1911 c. 6 sec. 2. 2. Delay of Plaintiffs In Error, in presenting the bill, for less than three months,, is not sufficient to deprive him of the right to verify it by affidavit. 3. Writ' of Hrhor- — Limitation. The limitation prescribed by Rule 1G. is suspended during the pendency of a motion for a new trial.

Good law ✅— No negative treatment on recordhow we know

Decided 1919-09-15

How this case has been cited

Cited by 3 later decisions (1 by the Supreme Court) — most recently March 1963

2 state decisions

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.

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¶1On motion for rehearing.

¶2Opinion by

Mr. Justice Denison.

¶3It is claimed that Judge Rizer was ill not at the tender of the bill of exceptions, as stated in the opinion, but that he became ill in September following, and that there was plenty of time before that to have the bill settled.

¶4From February 5th until the last of April the bill was in the hands of the plaintiff in error. That is not such a delay as will justify us in refusing the right to verify the bill by affidavit. From the last of- April or the 1st of May till September the bill was in the hands of the attorney for the defendant in error, and she is responsible for that delay. What we said in the opinion covers the remainder of the time previous to the verification of the bill by affidavit.

¶5The motion for rehearing should be denied.

¶6Motion for rehearing denied.

¶7Garrigues, C. J. and Scott, J. concur.