Legal Opinion

Ashton v. Garretson

Supreme Court of Colorado

Decided April 15, 1906No. 5130; No. 2720 C. APublishedCited by 1 opinion

Error to the District Court of Arapahoe County. Hon. Frank W. Owers, Judge. Action by Philip Garretson against Scott Ash-ton. Prom a judgment in favor of plaintiff, defendant brings error.

1Opinion of the CourtJustice Goddard

The jurisdiction of our district courts is coextensive with the state,' but when an action is brought in a county other than that in which it should be tried, the defendant may avail himself of his right to change the venue to the proper county. — Fletcher et al. v. Stowell, 17 Colo. 94; Wasson v. Hoffman, 4 *92Colo. App. 491. And upon a proper showing the duty of the court is mandatory, and its jurisdiction is divested except for the purpose of making the order of removal. — D. & R. G. R. R. Co. v. Cahill, 8 Colo. App. 158; Smith v. The People, 2 Colo. App. 99; Pearse v. Bordeleau, 3 Colo. App.…

2Cases cited5 opinions

  1. Fletcher & Gerelds v. StowellSupreme Court of Colorado · 1891
  2. Smith v. PeopleColorado Court of Appeals · 1892
  3. People ex rel. Lackey v. District CourtSupreme Court of Colorado · 1902
  4. Pearse v. BordeleauColorado Court of Appeals · 1893
  5. Wasson v. HoffmanColorado Court of Appeals · 1894

3Cited by1 opinion

  1. People ex rel. Allen v. Denver District CourtSupreme Court of Colorado · 1922

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