Legal Opinion

Pennington v. McNally

Supreme Court of Colorado

Decided October 15, 1888PublishedCited by 4 opinions

Error to District Court of La Plata, County. John McNally, plaintiff below, commenced his action in the county court. A jury trial was had, and verdict against John L. Pennington, plaintiff in error, and judgment was given thereon as follows: “Wherefore, by virtue of the law, and by reason of the premise aforesaid, it is ordered and adjudged by the court that said plaintiff have and recover from said defendant the property described in said verdict, if a return can be had;…

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Error to District Court of La Plata, County. John McNally, plaintiff below, commenced his action in the county court. A jury trial was had, and verdict against John L. Pennington, plaintiff in error, and judgment was given thereon as follows: “Wherefore, by virtue of the law, and by reason of the premise aforesaid, it is ordered and adjudged by the court that said plaintiff have and recover from said defendant the property described in said verdict, if a return can be had; and in default thereof the value of said property, as found by the said jury, to wit, the sum of $400, together with his…

1Opinion of the Court

Stallcup, C.

The statute under which the appeal in question was taken provides that appeals may be taken from all final judgments of the county court to the district, court; that, in cases where the judgment appealed from shall have been rendered for the payment of money, the party desiring such appeal shall, within a reasonable time, to be fixed by the court, give a good and sufficient *559bond in double the amount of such judgment, to be approved by the judge or clerk of said court; and that the proceedings in the district court upon such appeal in all respects shall be de novo. Secs. 199, 500,…

Also in this document: Per curiam.

2Cases cited6 opinions

  1. Borden v. HoustonTexas Supreme Court · 1847
  2. Martin v. ForceSupreme Court of Colorado · 1877
  3. Gomer v. ChaffeSupreme Court of Colorado · 1880
  4. Hughes v. CummingsSupreme Court of Colorado · 1883
  5. Owen v. GoingSupreme Court of Colorado · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Kavanagh v. HamiltonSupreme Court of Colorado · 1912
  2. Stephens v. WheelerSupreme Court of Colorado · 1915
  3. DeGuile v. AlexanderColorado Court of Appeals · 1894
  4. DeGuile v. AlexanderColorado Court of Appeals · 1894

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