Schofield v. Felt
Supreme Court of Colorado
Error to County Court, Arapahoe County. On motion to dismiss an appeal from justice’s court. On the 15th of November, 1883, judgment for $80 was rendered in a case pending before George L. Sopris, justice of the peace in Arapahoe county, against said Schofield, the defendant therein, and in favor of said Felt, the plaintiff therein.
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Error to County Court, Arapahoe County. On motion to dismiss an appeal from justice’s court. On the 15th of November, 1883, judgment for $80 was rendered in a case pending before George L. Sopris, justice of the peace in Arapahoe county, against said Schofield, the defendant therein, and in favor of said Felt, the plaintiff therein. On the 23d day of November, 1883, the said Schofield filed with said justice his bond for appeal of said case to the county court, and accordingly prayed appeal thereon. The said bond was then duly approved by the justice. On the 3d day of December, 1883, the said…
1Opinion of the Court
Stallcup, C.
Two questions are presented for consideration. The first is as to the sufficiency of the bond for appeal to the county court. The record shows that the appeal bond was executed as follows: “Lott Schofield, by P. L. Hubbard, his duly-appointed Agent for the Purpose of executing this Bond. A. L. Schofield, Surety.” It is urged by counsel for defendant in error that the bond was insufficient, in that it was not executed by the principal in person. To warrant such execution of the bond, authority therefor of equal rank with the bond was necessary, and should have accompanied the bond;…
Also in this document: Per curiam.
2Cases cited1 opinion
- Wear v. KilleenIllinois Supreme Court · 1865
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- Denver & Rio Grande Railroad v. DuffeySupreme Court of Colorado · 1918
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