Bennett v. Reef
Supreme Court of Colorado
Appeal from, District Court of Garfield County. This action was first commenced by appellees in the county court, where a trial was had resulting in a judgment in favor of the plaintiffs; appeal was taken to the district court, and trial had with the same result.
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Appeal from, District Court of Garfield County. This action was first commenced by appellees in the county court, where a trial was had resulting in a judgment in favor of the plaintiffs; appeal was taken to the district court, and trial had with the same result. It is alleged in the complaint that on the 8th of December, 1887, one George "W. Sagers was indebted to plaintiffs in the sum of $1,100, for which he made a promissory note payable one year after date, which was secured by chattel mortgage upon a pre-emption claim of one hundred and sixty acres of government land and ninety-four head…
1Opinion of the Court
Reed, O.
There are several errors assigned; the first, which seems to be regarded by appellants as the most important, was want of jurisdiction in the county court. It is not shown, nor claimed, that the amount involved exceeded the statutory jurisdiction of the court; the jurisdiction is principally attacked by reasons of the granting of the injunction in aid of the proceeding. Counsel labor under an apparent misapprehension and confound the ancillary and assistant writ of injunction with the trial and determination of the suit upon the merits. The granting or refusing to grant or dissolve an…
2Cases cited1 opinion
- Briggs v. . OliverNew York Court of Appeals · 1877
3Cited by4 opinions
- Dubois v. ClarkColorado Court of Appeals · 1898
- Kindel v. Le BertSupreme Court of Colorado · 1897
- Martinez v. MartinezSupreme Court of Colorado · 1914
- Meeker v. WaldronNebraska Supreme Court · 1901