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COURTS REPORTED DURING THE PERIOD
COVERED BY THIS VOLUME
HENRY D. ROSS, CHIEF JUSTICE.
F. W. HENSHAW.
M. C. SLOSS.
District Courts of Appeal.
JOHN E. RICHARDS.
N. P. CONREY, PRESIDING JUSTICE.
W. P. JAMES.
A. G. BURNETT.
JAMES H. TELLER.
MORTON S. BAILEY.
Court of Appeals.
WILLIAM B. MORGAN.
JOHN C. BELL.
Division No. 1.
CHAS. M. THACKER.
Division No. 2.
Division No. 3.
JNO. B. DUDLEY.
Division No. 4.
J. C. ROBBERTS.
Criminal Court of Appeals.
THOMAS H. DOYLE, PRESIDING JUDGE.
JAS. R. ARMSTRONG.
· Term expired January 3, 1915.
• Elected November, 1914.
FRANK A. MOORE, CHIEF JUSTICE.
HENRY L. BENSON.
LAWRENCE T. HARRIS.
SUPREME COURT OF COLORADO
IN EFFECT SEPTEMBER 14, 1914, AND SUPERSEDING ALL STATUTORY AND CODE PROVISIONS
AND RULES AND PARTS THEREOF IN CONFLICT THEREWITH
SESSIONS EN BANO AND IN DEPART- Rule 2. A scire facias, or summons to hear MENTS.
errors in civil cases, and criminal cases not The Chief Justice may convene the court capital, if issued ten days or more before the en banc at any time, and shall do so on the first day of the term, shall be returnable to written request of three Associate Justices. the first day of the term. If issued less than Subject to this provision, or as limited by the ten days before the first day of the term, it Constitution, sessions of the court in depart may be made returnable to any day in the ments for the purpose of hearing oral argu- term; provided, that in all cases, if such ments, and designation of the Justices to writ shall not be served ten days before the hear such arguments shall be under the di- return day thereof, the defendant so served rection and control of the Chief Justice. In shall not be required to appear in obedience case of his absence or inability to act, such thereto until the first day of the term sucduties shall devolve upon the Judge who ceeding such return day. would next be entitled to become Chief Jus- A defendant upon whom process has not tice.
been served may enter his appearance, and,
upon five days' notice to the plaintiff, may WRITS OF ERROR SUPERSEDEAS- proceed in the same manner as if duly sery
PROCESS ON WRITS OF ERROR. ed with process. Rule 1. Writs of error shall be directed to
Rule 3. If a scire facias, or summons to the clerk or keeper of the records of the court hear errors, shall not be served, an alias or in which the judgment or decree complained pluries may be issued without an order of of is entered, commanding him to certify a
court therefor. correct transcript of the record to this court. In any case where a transcript of the record,
Rule 4. No supersedeas will be granted unduly certified to be full and complete, has less the record upon which the application is been filed or may be hereafter filed, in the of- made be complete and duly certified by the fice of the clerk of this court, before the issu- clerk of the court below, with assignments ance of a writ of error, it shall not be nec
of error appended thereto, which assignessary, except in a case where a superse- ments must be supported by a succinct printdeas may be allowed, to deliver such writ to ed or typewritten brief. No application for the clerk of the inferior court; but the same
a supersedeas will be considered by the court, may be filed in the office of the clerk of this or by any justice in vacation, unless the court, and such transcript so filed with the
cause shall have been first docketed. clerk of this court shall be taken and consid
Upon the docketing of the cause, as aforeered to be a due return to said writ of er- said, the sum of ten dollars shall be paid to ror. In capital cases, in which a writ of er
the clerk, and upon the allowance of the writ, ror shall issue and be made to operate as a
or upon further prosecution of the cause, an supersedeas to stay the execution of the additional sum of ten dollars shall be advanjudgment of the trial court, as provided by ced to the clerk. statute, such writ of error, as also the scire facias to hear the errors assigned, shall be Rule 5. When a writ of error shall be made returnable forthwith. When a writ of made a supersedeas the clerk shall endorse error shall issue in a case where a superse- upon said writ the following words: "A deas bas been allowed after the filing of the transcript of the record in this cause having transcript of the record, and shall be served | been filed in my office, with an order enon the clerk of the inferior court, he shall dorsed thereon that the writ of error herein return upon said writ that the same has been be made a supersedeas according to law, this served upon him and that it appears by the writ of error is therefore made a supersedeendorsement thereon that a transcript of as, and shall operate accordingly;" which the record has been filed in the office of the endorsement shall be signed by the clerk of clerk of the Supreme Court.
this court 148 P.