Legal Opinion · Dissent

People Ex Rel. Winbourn v. District Court Eighth District

Supreme Court of Colorado

Decided April 21, 1930No. 12,527Published

1DissentJustice Butler

I am unable to agree with the conclusion that a peremptory writ of prohibition should issue. District courts are constitutional courts of general jurisdiction. They possess full power, and exercise it daily, to pass upon demurrers and answers raising the question of the jurisdiction of the court. Their rulings thereon are reviewed by this court on writ of error. To justify this court in departing from the regular course and, by the extraordinary writ of prohibition, preventing a trial court from proceeding in a case pending before it, the case and the occasion should be extraordinary. The…

2Cases cited5 opinions

  1. Ex Parte HobbsSupreme Court of the United States · 1929
  2. People ex rel. Loveland & Greeley Ir. & Land Co. v. District Court of Larimer CountySupreme Court of Colorado · 1888
  3. Tomboy Gold Mines Co. v. District CourtSupreme Court of Colorado · 1897
  4. People ex rel. Clay, Robinson & Co. v. District CourtSupreme Court of Colorado · 1923
  5. People ex rel. Ovren v. District Court of the Second Judicial DistrictSupreme Court of Colorado · 1904

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