City of Denver v. Lobenstein
Supreme Court of Colorado
Error to District Court of Arapahoe County. On the 14th of May, 1875, Lobenstein and others, the defendants in error, filed a bill in the probate court of Arapahoe county to restrain the city of Denver, plaintiff in error, from taking forcible possession of a certain lot of ground then owned and occupied by the defendants, but claimed by the city as a street.
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Error to District Court of Arapahoe County. On the 14th of May, 1875, Lobenstein and others, the defendants in error, filed a bill in the probate court of Arapahoe county to restrain the city of Denver, plaintiff in error, from taking forcible possession of a certain lot of ground then owned and occupied by the defendants, but claimed by the city as a street. To this bill the plaintiff demurred, the demurrer was sustained ; subsequently on the 19th day of June, 1875, the defendants dismissed their bill. * On the 21st day of June, 1875, the mayor and certain of the aldermen of the city of…
1Opinion of the CourtThatcher, C. J.
This is a bill for an injunction to restrain the city of Denver from entering upon, taking possession, grading and converting into a public street in the city of Denver, lot number twelve, in the printing-house block, which said lot is alleged to be the property of the complainants in the c'ourt below, being defendants in error’ in this court. To this bill the defendants interposed a general demurrer, which was overruled, when, by leave Of court, they filed the plea of res judicata, upon which the complainants then joined issue. Upon the hearing the court rendered a decree in favor of the…
2Cases cited2 opinions
- Hughes v. BlakeSupreme Court of the United States · 1821
- Dows v. McMichaelNew York Court of Chancery · 1836
3Cited by6 opinions
- Breeze v. HaleySupreme Court of Colorado · 1888
- Peters v. PetersSupreme Court of Colorado · 1927
- Monte Vista Potato Grower's Co-Operative Ass'n v. BondSupreme Court of Colorado · 1927
- Whipple v. WesselsSupreme Court of Colorado · 1919
- Bushnell v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1913
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