Legal Opinion

Mullin v. People

Supreme Court of Colorado

Decided September 15, 1890PublishedCited by 13 opinions

Error to Distrriot Court of Gunnison County. Is the court below plaintiff in error was adjudged guilty of wilful contempt of court and fined therefor in the sum of $150. The alleged contempt consisted in his making and causing to be filed a petition for change of venue in a certain case at the time pending in the district court of Gunnison county, and to which action plaintiff in error was the real party in interest, although not a party to the record.

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Error to Distrriot Court of Gunnison County. Is the court below plaintiff in error was adjudged guilty of wilful contempt of court and fined therefor in the sum of $150. The alleged contempt consisted in his making and causing to be filed a petition for change of venue in a certain case at the time pending in the district court of Gunnison county, and to which action plaintiff in error was the real party in interest, although not a party to the record. Said petition is in substance as follows: “ Carrie L. Davis v. John H. Bowman. (No. 324.) In the district court of the seventh judicial…

1Opinion of the CourtJustice Hatt

As the information in this case is verified, it may properly be allowed to perforin the office of the affidavit made necessary by the statute as the foundation of a proceeding for constructive contempt. The record shows that the petition for a change of venue was presented in a respectful manner; that in fact it was not read to the court, but was handed to the presiding judge for his perusal; and that there was nothing in the petition itself that was regarded, or that could properly have been regarded, as contemptuous. If, therefore, any contempt was committed, it was constructive rather than…

2Cases cited3 opinions

  1. Cooper v. People Ex Rel. WyattSupreme Court of Colorado · 1889
  2. Hughes v. PeopleSupreme Court of Colorado · 1880
  3. Thomas v. PeopleSupreme Court of Colorado · 1890

3Cited by13 opinions

  1. Wyatt v. the PeopleSupreme Court of Colorado · 1892
  2. In Re LakeCalifornia Court of Appeal · 1924
  3. Young v. PeopleSupreme Court of Colorado · 1913
  4. Bloom v. PeopleSupreme Court of Colorado · 1897
  5. Fort v. People Ex Rel. Co-Operative Farmers' ExchangeSupreme Court of Colorado · 1927

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