8 Colo. 429 | Colo. | 1885
This is an action at law, and the appeal is taken under the act adopted by the last general assembly regulating appeals to this court. Sess. Laws, 1885, p. 350. Appellant now presents a motion for additional time within which to file the transcript required by statute. It is evident from the nature of this application that counsel is in doubt concerning the construction
The section mentioned contains, inter alia, the following:
“The clerk shall forthwith transmit to the clerk of the supreme court a transcript of the judgment or order appealed from, or so much thereof as is mentioned in the notice; the notice of appeal, and the undertaking in appeal, if any; and so much of the record in the case additional as the appellant in writing may direct.”
Section 16 of the act reads as follows:
“ The cause shall be submitted to the supreme court upon the printed abstracts of record, and amended abstracts as'herein provided, and no transcript in writing shall be filed, and no costs shall be taxed therefor, except as herein provided.”
These provisions of the statute must he construed together; they must also be viewed in connection with all the other sections thereof, particularly those numbered 17, 18, 19 and 20. Had the portion of the extract from section 9 which we have italicized been omitted, there could have arisen no doubts as to the legislative intent in the premises; but it is clear, we think, that in ordinary cases the only matters essential to the transcript are a copy of the order or judgment appealed from, or the part thereof mentioned in the notice, a copy of the notice of appeal, and a copy of the appeal bond, if- any be filed.
As a general rule, all matters contained in a bill of exceptions or in the record proper, aside from those above named, must be submitted to this court upon the printed abstracts required by said section 16 et seq. But the lawmakers saw fit to incorporate into section 9 the expression
A large part of the act in question is taken from the statutes of Iowa and Wisconsin; but the language of section 9 is unlike that contained in the corresponding provisions of those states. So far as we are advised, it is not copied from any legislation elsewhere in the Union. We have, therefore, been unable to examine or cite cases giving a construction thereof.
Allowed.