Polk v. Butterfield
Supreme Court of Colorado
Error to District Court of Arapahoe County. This was an action brought by the defendant in error against the plaintiff in error and others on certain bills of exchange. The defendant below pleaded the statute of limitations, and the plaintiff replied a new promise.
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Error to District Court of Arapahoe County. This was an action brought by the defendant in error against the plaintiff in error and others on certain bills of exchange. The defendant below pleaded the statute of limitations, and the plaintiff replied a new promise. Trial by the court, and judgment against the defendant in the sum of $1,480. Afterwards, and at the same term, the defendant Polk interposed a motion, supported by affidavits, to vacate the judgment under the provisions of section 78 of the Amended Code, p. 23. The section, so far as applicable to the case at bar, is as follows:…
1Opinion of the CourtElbert, J.
The decision of the district court overruling the motion of the plaintiff in error to vacate the judgment in the court below cannot be reviewed on this *326writ. At common law no writ of error could be brought but on a judgment or an award in the nature of a judgment. 2 Tidd, Pr. *1141. The whole proceedings to final judgment, inclusive, were entered of record, and the writ went to errors of fact and law appearing in the proceedings as recorded. Steph. PI. 142. The review was of the record upon which judgment was given. 2 Tidd, Pr. *1134. It appears, also, that the writ would lie to the “execution of a…
2Cases cited1 opinion
- Buckingham v. OrrSupreme Court of Colorado · 1883
3Cited by13 opinions
- O'Day v. PeopleSupreme Court of Colorado · 1946
- Cross v. MoffatSupreme Court of Colorado · 1888
- Hughes v. FeltonSupreme Court of Colorado · 1888
- Schmidt v. DreyerSupreme Court of Colorado · 1895
- Fern v. CrandellSupreme Court of Colorado · 1926
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