Legal Opinion

South Pueblo News Printing & Publishing Co. v. Moore

Supreme Court of Colorado

Decided October 15, 1887PublishedCited by 1 opinion

Error to Pueblo County Court. On the 20th day of September, 1883, the following order was entered in the case: “Now, on this day, this cause coming on to be heard, plaintiff and defendant being present by their attorneys, J. P. Drake, Esq., attorney for plaintiff, and Patton & Urmy, attorneys for defendant; and thereupon the attorneys for the defendant filed a motion for a change of venue; and the court, after hearing the motion and affidavit of A.' Corder, Esq., read, and…

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Error to Pueblo County Court. On the 20th day of September, 1883, the following order was entered in the case: “Now, on this day, this cause coming on to be heard, plaintiff and defendant being present by their attorneys, J. P. Drake, Esq., attorney for plaintiff, and Patton & Urmy, attorneys for defendant; and thereupon the attorneys for the defendant filed a motion for a change of venue; and the court, after hearing the motion and affidavit of A.' Corder, Esq., read, and the argument of counsel thereon, ordered that the said motion be, and the same is hereby, sustained, and that the said…

1Opinion of the Court

Rising, C.

The first assignment of error raises the only question we deem it necessary to consider. The order entered on the 20th day of September was an absolute and unconditional order for a change of the place of trial of the action. The order entered on the 22d day of November, and at the same term of court, was, in effect, a modification of the order of the 20th of September, although it purports to be an order requiring the defendant to perfect the change of venue under the order made for the change. If the court did not err in making the order of November 22d, then the order entered on…

Also in this document: Per curiam.

2Cases cited1 opinion

  1. O'Connell v. GavettSupreme Court of Colorado · 1883

3Cited by1 opinion

  1. People ex rel. Cunningham v. QuinnSupreme Court of Colorado · 1889

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