German National Bank v. Elwood
Supreme Court of Colorado
Error to District Court of Summit Country. O. W. Elwood was plaintiff below. A. G. Hoopes, receiver of the Warrior’s Mark Mining Company, and the German National Bank of Denver were defendants. The action was brought by plaintiff in his own right and as assignee of certain other miners to enforce certain miners’ liens against the property of the Warrior’s Mark Company.
Read the full summary
Error to District Court of Summit Country. O. W. Elwood was plaintiff below. A. G. Hoopes, receiver of the Warrior’s Mark Mining Company, and the German National Bank of Denver were defendants. The action was brought by plaintiff in his own right and as assignee of certain other miners to enforce certain miners’ liens against the property of the Warrior’s Mark Company. The liens arose out of work done by plaintiff and his assignors under contract with said company upon its mines. ■ The complaint shows that the worlc by said plaintiff and Ms assignors continued up to the time when said mines…
1Opinion of the CourtJustice Elliott
The assignments of error are in effect as follows:
1. That the district court had no jurisdiction whatever *246over the Warrior’s Mark Mining Company or over its property, and had no jurisdiction to render any judgment or decree in the action against said company, for the reason that said company was not a party to the action.
2. That the district court had no right or authority to adjudge or decree the liens of plaintiff to be prior or superior to the lien of the defendant bank.
The cause was referred for trial to a referee, who reported findings and judgment to the court. The final decree as…
2Cases cited4 opinions
- San Juan & St. Louis Mining & Smelting Co. v. FinchSupreme Court of Colorado · 1882
- Decker v. MylesSupreme Court of Colorado · 1879
- Luthe v. LutheSupreme Court of Colorado · 1889
- Snodgrass v. HollandSupreme Court of Colorado · 1883
3Cited by11 opinions
- Phoenix Indemnity Co. v. GregerSupreme Court of Colorado · 1907
- Patrick v. WestonSupreme Court of Colorado · 1895
- Romero v. PeopleSupreme Court of Colorado · 1973
- Rio Grande Southern Railroad v. NicholsSupreme Court of Colorado · 1912
- Del Monte Live Stock Co. v. Board of County CommissionersColorado Court of Appeals · 1913
6 more not listed; retrieve them via the Exa API.