REPORTS OF THE DECISIONS OF THE COURT OF APPEALS OF THE STATE OF COLORADO FROM THE DATE OF ITS ORGANIZATION, APRIL 7, 1891. INCLUDING ALL THE CASES DETERMINED AT THE APRIL TERM 1892. BY WILLIAM E. BECK. VOL. I. NEW YORK AND ALBANY: BANKS & BROTHERS, LAW PUBLISHERS. 1892. 39 Entered according to the Act of Congress in the year 1892, BY EDWIN J. EATON, SECRETARY OF STATE, In the Office of the Librarian of Congress, at Washington, D. C Rec. Sept: 29.15, MD, JOSEPH H. MAUPIN, ATTORNEY-GENERAL. JAMES PERCHARD, CLERK. The regular terms of court commence on the second Mondays of January, April and September. RULES OF COURT OF APPEALS. WRITS OF ERROR-SUPERSEDEAS-PROCESS ON WRITS OF ERROR. RULE 1. Writs of error shall be directed to the clerk or keeper of the records of the court in which the judgment or decree com-. plained of is entered, commanding him to certify a correct transcript of the record to this court. In any case where a transcript of the record, duly certified to be full and complete, has been filed, or may be hereafter filed, in the office of the clerk of this court, before the issuance of a writ of error, it shall not be necessary, except in a case where a supersedeas may be allowed, to deliver such writ to the clerk of the inferior court; but the same may be filed in the office of the clerk of this court, and such transcript, so filed with the clerk of this court, shall be taken and considered to be a due return to said writ of error. When a writ of error shall issue in a case where a supersedeas has been allowed after the filing of the transcript of the record, and shall be served on the clerk of the inferior court, he shall return upon said writ that the same has been served upon him, and that it appears by the endorsement thereon that a transcript of the record has been filed in the office of the clerk of the Court of Appeals. RULE 2. A scire facias, or summons to hear errors, if issued ten days or more before the first day of the term, shall be returnable to the first day of the term. If issued less than ten days before the first day of the term, it may be made returnable to any day in the term; Provided, That in all cases, if such writ shall not be served ten days before the return day thereof, the defendant so served shall not be required to appear in obedience thereto until the first day of the term succeeding such return day. A defendant upon whom process has not been served may enter his appearance, and upon five days' notice to the plaintiff, may proceed in the same manner as if duly served with process. (v) |