People ex rel. Sullivan v. District Court
Supreme Court of Colorado
Original Application for Writ of Certiorari. Upon the ex parte application o£ petitioner Martin Sullivan for a writ of certiorari, directed to the district court of Lake county and the judge thereof, an order to show cause was issued, and upon filing the return, which is not controverted, respondents move to vacate the order.
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Original Application for Writ of Certiorari. Upon the ex parte application o£ petitioner Martin Sullivan for a writ of certiorari, directed to the district court of Lake county and the judge thereof, an order to show cause was issued, and upon filing the return, which is not controverted, respondents move to vacate the order. The facts are that in the district court of Lake county, Martin Sullivan, petitioner here, as plaintiff there, on the 23d day of May, 1887, brought a suit for the enforcement of a lien. On March 2, 1890, default was entered against the defendants and judgment…
1Opinion of the CourtChief Justice Campbell
It does not clearly appear from the petition just what particular order of the district court is sought to be reviewed, but since the writ can be used to review only the final determination of an inferior tribunal (Schwarz v. County Court, 14 Colo. 44), we take it to be the order of the district court entered March 6, 1896, dismissing the action, as that is the only final order to which our attention has been called; neither the ruling on the motion to vacate that order, nor that denying the referee’s application to file his report, being a final judgment.
Under the constitution, whence is…
2Cases cited1 opinion
- Schwarz v. County CourtSupreme Court of Colorado · 1890
3Cited by4 opinions
- People v. ValdezSupreme Court of Colorado · 1990
- State Civil Service Commission v. CummingsSupreme Court of Colorado · 1928
- Hendricks v. GatesSupreme Court of Colorado · 1934
- People v. ValdezSupreme Court of Colorado · 1990