People ex rel. Rocky Mountain National Bank v. Court of Appeals
Supreme Court of Colorado
Petition for ivrit of certiorari and prohibition. • The California Milling & Mining Company Ltd., et al, commenced an action in the district court of Gilpin County against the Rocky Mountain National Bank, and others. To the amended complaint of plaintiffs separate demurrers were interposed by the defendants and sustained. Plaintiffs elected to stand by their complaint, and their action was dismissed.
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Petition for ivrit of certiorari and prohibition. • The California Milling & Mining Company Ltd., et al, commenced an action in the district court of Gilpin County against the Rocky Mountain National Bank, and others. To the amended complaint of plaintiffs separate demurrers were interposed by the defendants and sustained. Plaintiffs elected to stand by their complaint, and their action was dismissed. Prom this judgment they prayed an appeal to this court, which was perfected before the act creating the present court of appeals took effect. Such proceedings were had and steps taken that the…
1Opinion of the CourtJustice Gabbert
The only question presented for determination is the authority of the court of appeals to enter and consider as pending on error an appealed case transferred to it by the supreme court, which was not appealable, where the appellee has joined in error. The determination of this question depends upon whether section 388a, Mills Code, confers this authority.
When the former court of appeals was in existence, questions frequently arose under the act defining the jurisdiction of that tribunal on the subject of the jurisdiction of the supreme court and the court of appeals to review a case on appeal…
2Cases cited3 opinions
- Bowling v. ChambersColorado Court of Appeals · 1904
- People ex rel. Stidger v. HoranSupreme Court of Colorado · 1905
- Western Lumber & Pole Co. v. City of GoldenColorado Court of Appeals · 1912