People ex rel. Cunningham v. Quinn
Supreme Court of Colorado
Petition for Mandamus. This is an original proceeding, instituted for the purpose of obtaining a writ of mandamus to compel the defendant, P. P. Quinn, as county judge and acting clerk of the county court of Eagle county, upon the payment of the legal fees therefor by these petitioners, to accept and file a certain appeal bond and certain notices of appeal in a case lately tried' in said county court, wherein James B. Taylor obtained a judgment against these petitioners for…
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Petition for Mandamus. This is an original proceeding, instituted for the purpose of obtaining a writ of mandamus to compel the defendant, P. P. Quinn, as county judge and acting clerk of the county court of Eagle county, upon the payment of the legal fees therefor by these petitioners, to accept and file a certain appeal bond and certain notices of appeal in a case lately tried' in said county court, wherein James B. Taylor obtained a judgment against these petitioners for the sum of $275.68 and costs of suit, and also to compel the respondent to make out and certify a proper transcript of…
1Per curiam
It has been repeatedly held by this court that the right to a change of venue is a statutory right, and that a party complying with the requirements of the statute is entitled to such change, and that, in the absence of statutory authority therefor, the courts cannot require the payment of accrued costs as a condition precedent to such change. O’Connell v. Gavett, 7 Colo. 40, 42; Publishing Co. v. Moore, 10 Colo. 257. The right of appeal from the county courts to this court is also a statutory right, and the statute provides the manner in which such appeals may be perfected (sec. 338, Code…
2Cases cited2 opinions
- O'Connell v. GavettSupreme Court of Colorado · 1883
- South Pueblo News Printing & Publishing Co. v. MooreSupreme Court of Colorado · 1887
3Cited by5 opinions
- Goodwin v. BickfordSupreme Court of Oklahoma · 1908
- Wigton v. WigtonSupreme Court of Colorado · 1917
- Drennen v. JohnsonSupreme Court of Colorado · 1918
- Teller v. SieversColorado Court of Appeals · 1904
- Teller v. SieversColorado Court of Appeals · 1904