Liss v. Wilcoxen
Supreme Court of Colorado
Error to Probate Qourt, Gilpin Oounty. Uulaweul detainer in probate court of Grilpin county. Plaintiff in error, who was defendant below, moved to quash the complaint, but as he afterward answered, no question presented by that motion was considered in this court. At the trial the plaintiff offered the docket óf a justice of the peace showing a judgment as follows: Belle Cable v. James R. Grant.
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Error to Probate Qourt, Gilpin Oounty. Uulaweul detainer in probate court of Grilpin county. Plaintiff in error, who was defendant below, moved to quash the complaint, but as he afterward answered, no question presented by that motion was considered in this court. At the trial the plaintiff offered the docket óf a justice of the peace showing a judgment as follows: Belle Cable v. James R. Grant. Territory of Colorado, County of Gilpin. ss.: October 12, 1876, summons issued, made returnable on the 18th instant, at 10 a. m., and delivered to A. H. Jones, constable (the service was good),…
1Opinion of the CourtWells, J.
1. It is insisted that the court below erred in overruling the motion interposed by the plaintiff in error to quash the complaint. It is sufficient to say as to this, that by pleading over, the error in this ruling, if any, was waived.
2. It is argued that the court below erred in receiving the transcript of the justice’s judgment, through the execution, upon which, out of the district court, the plaintiff below claimed : as ground of objection to this transcript, it is said it nowhere appears thereby that the subject-matter of the action before the justice was within his jurisdiction. The…
2Cited by8 opinions
- Conway v. JohnSupreme Court of Colorado · 1890
- Behymer v. NordlohSupreme Court of Colorado · 1888
- Thorne v. OrnauerSupreme Court of Colorado · 1885
- Robinson v. BonjourColorado Court of Appeals · 1901
- O'Brien v. MillerSupreme Court of Colorado · 1917
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