Manzanares v. People Ex Rel. Town of Center

Supreme Court of Colorado

Manzanares v. People Ex Rel. Town of Center

190 P.2d 582, 117 Colo. 466, 1947 Colo. LEXIS 269

CourtSupreme Court of Colorado

DecidedOctober 27, 1947

DocketNo. 15,926.

StatusPublished

This text of 190 P.2d 582 (Manzanares v. People Ex Rel. Town of Center) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Manzanares v. People Ex Rel. Town of Center, 190 P.2d 582, 117 Colo. 466, 1947 Colo. LEXIS 269 (Colo. 1947).

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Opinion

*467 Mr. Justice Luxford

delivered the opinion of the court.

In this case, counsel for defendant in error has filed a motion to dismiss the writ of error. On due consideration, we conclude that the motion is without merit.

We have not failed to notice that counsel, proceeding for and against the motion, have indulged in inexcusable personalities, based altogether on allegations and charges dehors the record. The writ of error necessarily must be determined upon the record. The trial judge, too, we regret to say, although he had certified the record as of one date, and at a subsequent time formally certified additional matter, which, in the exercise of our discretion, we permitted to remain on file, now supports the motion to dismiss the writ of error by an affidavit not a little inconsistent, as we think, with his certifications. The foregoing recitals constitute notice to all concerned that we are displeased.

The motion to dismiss the writ of error is denied. Counsel, proceeding mindfully of our above statements, and in order, will prepare and file an abstract of record, and briefs as provided by rule, time therefor to run from the date of the announcement of this opinion.

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*467 Mr. Justice Luxford

delivered the opinion of the court.

In this case, counsel for defendant in error has filed a motion to dismiss the writ of error. On due consideration, we conclude that the motion is without merit.

We have not failed to notice that counsel, proceeding for and against the motion, have indulged in inexcusable personalities, based altogether on allegations and charges dehors the record. The writ of error necessarily must be determined upon the record. The trial judge, too, we regret to say, although he had certified the record as of one date, and at a subsequent time formally certified additional matter, which, in the exercise of our discretion, we permitted to remain on file, now supports the motion to dismiss the writ of error by an affidavit not a little inconsistent, as we think, with his certifications. The foregoing recitals constitute notice to all concerned that we are displeased.

The motion to dismiss the writ of error is denied. Counsel, proceeding mindfully of our above statements, and in order, will prepare and file an abstract of record, and briefs as provided by rule, time therefor to run from the date of the announcement of this opinion.

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Bluebook (online)

190 P.2d 582, 117 Colo. 466, 1947 Colo. LEXIS 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manzanares-v-people-ex-rel-town-of-center-colo-1947.