Rockwell v. District Court
Supreme Court of Colorado
Original Application for Writ of Certiorari. In this proceeding the petition of Rockwell and Hurd shows in substance that in December, 1887, petitioners obtained a judgment in the district court of Lake county against Butler and Wright; that said judgment was brought to this court by appeal; that in December, 1889, said judgment was in all things affirmed by this court; and 'that a proper mandate from the supreme court showing such affirmance was duly issued and filed in the…
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Original Application for Writ of Certiorari. In this proceeding the petition of Rockwell and Hurd shows in substance that in December, 1887, petitioners obtained a judgment in the district court of Lake county against Butler and Wright; that said judgment was brought to this court by appeal; that in December, 1889, said judgment was in all things affirmed by this court; and 'that a proper mandate from the supreme court showing such affirmance was duly issued and filed in the office of the clerk of the district court about the month of May, 1890. The petition further shows that said cause was…
1Opinion
ON REHEARING.
2Per curiam
Two propositions only are urged in support of the present application. The first is that the supreme court commission was an illegal body and hence the judgment upon which the execution under consideration issued was not legally affirmed. Upon the authority of De Votie v. McGerr, 14 Colo. 577, and Butler v. Rockwell, post, p 290, *129the constitutional question is not involved and need not be • further considered.
The second proposition rests upon a legal contention not noticed in the opinion heretofore, filed;' It is insisted that the ruling of the court below in quashing the. first'…
3Cases cited1 opinion
- De Votie v. McGerrSupreme Court of Colorado · 1890