Lowe v. Smith
Lowe v. Smith
Opinion of the Court
On the 18th day .of November, 1899, Virginia A. Lowe and James A. Lowe presented to the county court of Arapahoe county a document styled a petition, in which they excepted to a report which they alleged had been filed in that court by their guardian, Honora A. Smith, on the ground that it was ambiguous, uncertain and inaccurate, and contained items that the guardian should not be credited with. The exceptions were sustained by the county court and
The abstract first filed here, did not contain the report, and leave was given the appellants to file a supplemental abstract of the record in which it should appear. A purported supplemental abstract has been filed, and it contains a statement of what counsel alleges to be the report in question, without showing-on the margin or elsewhere the’ folio numbers of the transcript, as required by our rule, but referring us for information to the brief of the appellee. We have examined the certified transcript of the record, and the alleged report is not there. The report as made should have been incorporated into the record. The report and the exceptions constitute the pleadings in the ease, and are an indispensable portion of the record. The statements in the brief of appellee’s counsel, and the adoption of those statements in behalf of the appellants, cannot supply the place of an authenticated record. We are unable to pass upon questions which are not legitimately before us. To enable us to determine whether the report is ambiguous or uncertain, or to understand what facts were in controversy, an inspection of the report, duly authenticated as being the report actually made, is necessary.
An examination of the evidence which has been preserved convinces us that the guardian dealt with her wards in the utmost good faith. Her good faith, however, would not necessarily protect her against
The judgment is affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.