Good v. Martin
Supreme Court of Colorado
Error to District Court, Arapahoe County. This cause was before the court at the last term upon appeal, and the judgment being affirmed, defendant in error sued out an execution from the district court. The present plaintiff in error thereupon moved the district court to quash the execution, upon the ground that the cause had been removed into the supreme court of the United States by writ of error, which writ had become a supersedeas.
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Error to District Court, Arapahoe County. This cause was before the court at the last term upon appeal, and the judgment being affirmed, defendant in error sued out an execution from the district court. The present plaintiff in error thereupon moved the district court to quash the execution, upon the ground that the cause had been removed into the supreme court of the United States by writ of error, which writ had become a supersedeas. The district court denied the motion, and plaintiff in error took a bill of exceptions and sued out this writ.
1Opinion of the CourtBedford, J.
Good filed his motion in the court below to quash an execution which had been issued on a judgment obtained by the defendant in error against him. The motion was denied, and thereupon Good sued out this writ of error, to review the action of the court below. It is claimed by the defendant that the order denying the suppression of the execution was in no sense a final judgment, nor an award in the nature of a judgment, and that neither an appeal nor writ of error will lie therefrom. It has been repeatedly held that no appeal nor writ of error will lie from an order to show cause why any…
2Cases cited5 opinions
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- Brooks v. HuntCourt for the Trial of Impeachments and Correction of Errors · 1820
- Lunsford v. RichardSupreme Court of Alabama · 1843
- Barton v. ForsythSupreme Court of the United States · 1867
- Tibbs v. BarkerIndiana Supreme Court · 1820
3Cited by1 opinion
- Ellis v. GibbonsColorado Court of Appeals · 1914