Wagner v. Hallack
Supreme Court of Colorado
Error to Probate Court of Arapahoe County. During the month of September, 1872, one Bonghten, of Cheyenne, Wyoming Territory, wrote on behalf of one Heenan to the Hallack Brothers, the defendants in error, at Denver, Colorado Territory, requesting them to send to Laramie, Wyoming, certain articles of their manufacture to be used in the erection of a building at Laramie, which Heenan was then under contract to build for the Wagner Brothers, the plaintiffs in error.
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Error to Probate Court of Arapahoe County. During the month of September, 1872, one Bonghten, of Cheyenne, Wyoming Territory, wrote on behalf of one Heenan to the Hallack Brothers, the defendants in error, at Denver, Colorado Territory, requesting them to send to Laramie, Wyoming, certain articles of their manufacture to be used in the erection of a building at Laramie, which Heenan was then under contract to build for the Wagner Brothers, the plaintiffs in error. The articles ordered were prepared and shipped, and as alleged by the Hallacks were received and used by the Wagners. The latter…
1Opinion of the CourtElbert, J.
The first question that presents itself in this case is one of jurisdiction.
The plaintiffs in error, who were defendants below, claim that at the time the suit was commenced they were non-residents, and that the cause of action accrued in the Territory of Wyoming. By reason of these facts, it is claimed that the justice of the peace, before whom the suit was originally brought, had no jurisdiction. This claim is based on the language of section 103 of the Justices Act, R..S. 418, which is to the effect, that suits shall be commenced before justices, in the township where the debtor resides,…
2Cases cited1 opinion
- Mallory v. . GillettNew York Court of Appeals · 1860
3Cited by19 opinions
- Burnham v. Superior Court of Cal., County of MarinSupreme Court of the United States · 1990
- Davis Cattle Co., Inc. v. Great Western Sugar CompanyDistrict Court, D. Colorado · 1975
- State v. RosenbergerSupreme Court of Missouri · 1908
- Charles v. AmosSupreme Court of Colorado · 1887
- West v. GraingerSupreme Court of Florida · 1903
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