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ANNOTATED

With All Amendments up to and Including the
1909 Session of the Legislature

WITH

Complete Legislative History and Digest of
Citations to Date of Publication

R. S. MORRISON

AND

EMILIO D. DE SOTO

DENVER, COLORADO
W. H. COURTRIGHT

LAW PUBLISHER AND BOOKSELLER

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Preface

Before 1877 the procedure was under the Illinois Practice Act adopted substantially in 1861. In 1877, upon state admission, it was proposed that Colorado become uniform with all the Western States in adopting the reformed procedure originating in New York in 1848, and now adopted generally throughout the United States except in the Atlantic and Southern States.

The argument for the new departure was based on the conceded defects of the Common Law Practice, and it was promised that the change, would be a reformation. True, it has abrogated many obsolete and cumbersome details of practice. But it has upon triat developed lesions and defects of its own, so great that among those members of the bar who have practiced under both systems, it is almost an open question as to whether, taking a composite view of each of them, there has really been any betterment in the exchange of the old for the new. Declining to enter into the endless argument which the very proposition of the case presents, we give merely a concise resume of this legislation as it began, as it progressed, and as we now have it.

The Code of 1877 was adopted by a single Act in the session of that year. It was drafted by Hon. G. G. Symes, who had practiced under the Code of Montana, had represented Colorado in congress, and had had several years of practice in

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