Schmidt v. Wither
Supreme Court of Colorado
Writ of certiorari and prohibition allowed by a district judge while outside the district where the action was pending. Motion to quash the writ so issued, sustained. On Application for Supersedeas. Error to the District Court of Routt County, Hon. Francis E. Bouck, Judge.
1Opinion of the CourtJustice Bailey
Plaintiffs in error were defendants in an action in forcible entry and detainer in a justice court in Routt County. Upon the theory that the issues involved title to real property they moved a transfer of the cause for trial to the district court of the county. This motion was denied. Trial was had and judgment rendered in the justice court, upon which a writ of restitution issued. They then petitioned the district court of Routt County for a writ of certiorari and prohibition, requiring the justice of the peace to certify his records in the aforementioned cause to the district court and…
2Cases cited1 opinion
- Kirby v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Colorado · 1911