Fischer v. Hanna
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. An action was instituted in the district court of Arapahoe county by The Colorado Savings Bank against William Lock-hart Smith, Ferdinand C. Fischer and others, to foreclose a deed of trust upon lots 17, 18, 19 and 20, in block 231, in Denver, Arapahoe county, Colorado, together with the leasehold interest in said property, and fixtures and furniture in the theater building situate thereon.
Read the full summary
Appeal from the District Court of Arapahoe County. An action was instituted in the district court of Arapahoe county by The Colorado Savings Bank against William Lock-hart Smith, Ferdinand C. Fischer and others, to foreclose a deed of trust upon lots 17, 18, 19 and 20, in block 231, in Denver, Arapahoe county, Colorado, together with the leasehold interest in said property, and fixtures and furniture in the theater building situate thereon. Ferdinand C. Fischer was the trustee in a certain other deed of trust subject to that of plaintiff. In this action E. B. Cooper was appointed receiver,…
1Opinion of the CourtJustice Goddard
The right of appellants to maintain this appeal is attacked upon several grounds. First, because The Chicago Lumber Company was not a party to the record in the court below, and because the judgment appealed from is a personal judgment against Wiliam Lockhart Smith, and not against the appellants, or either of them. We think that upon both grounds the objection is well taken. It is well settled that to enable one to prosecute an appeal or writ of error, he must be a party to tbe record in the trial court. Ex parte Cutting, 94 U. S. 14; Ex parte Cockcroft, 104 U. S. 578; Guion v. Liverpool, L.…
2Cases cited8 opinions
- Ex Parte CuttingSupreme Court of the United States · 1877
- Hinckley v. Gilman, Clinton, & Springfield RailroadSupreme Court of the United States · 1877
- Ex Parte CockcroftSupreme Court of the United States · 1882
- Jacob U. Payne v. Jonathan J. NilesSupreme Court of the United States · 1858
- Guion v. Liverpool, London, & Globe InsuranceSupreme Court of the United States · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Miller v. ReederSupreme Court of Colorado · 1965
- BOARD OF ADJUSTMENT, ETC. v. KuehnSupreme Court of Colorado · 1956
- Taylor v. Colorado Iron WorksSupreme Court of Colorado · 1902
- Sutton v. JonesColorado Court of Appeals · 1896
- Taylor v. Colorado Iron WorksSupreme Court of Colorado · 1905
12 more not listed; retrieve them via the Exa API.