Legal Opinion

Welsh v. Noyes

Supreme Court of Colorado

Decided April 15, 1887PublishedCited by 6 opinions

Error to Superior Court, City of Denver. Plaintiffs commenced this action against Henry Lloyd before George L. Sopris, justice of the peace, for a demand for rent due in the sum of $172, and garnishe.e process issued, and defendants in error here, Noyes, Stark & Gross, were garnished by service of the garnishee summons.

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Error to Superior Court, City of Denver. Plaintiffs commenced this action against Henry Lloyd before George L. Sopris, justice of the peace, for a demand for rent due in the sum of $172, and garnishe.e process issued, and defendants in error here, Noyes, Stark & Gross, were garnished by service of the garnishee summons. They answered the garnishee process as follows: “ (1) Are you-in any manner indebted to the defendant, Henry Lloyd, either property or money, and is the same now due? If not, when is the same to become due? State fully all particulars. Answer. We, are not indebted to the…

1Opinion of the Court

Stallcup, C.

The first question presented is, Had the superior court jurisdiction in the case? In the argument of this question here, counsel have ignored the statutes for this proceeding before a justice of the peace, and have discussed the question on the assumption that the issue involved a matter of equity jurisdiction, and fob that *144reason the justice was without jurisdiction, and consequently the superior court without jurisdiction. The issue made and tried before the justice was upon the traverse of plaintiffs to the answer of the garnishees. The garnishees in their answer disclosed the…

Also in this document: Per curiam.

2Cases cited2 opinions

  1. Becker v. LamontNew York Supreme Court · 1855
  2. Richardson v. MusserCalifornia Supreme Court · 1880

3Cited by6 opinions

  1. City of Lincoln v. Lincoln Street-Railway Co.Nebraska Supreme Court · 1903
  2. Hood v. HoodSupreme Court of Vermont · 1985
  3. Adams v. HartzellNorth Dakota Supreme Court · 1909
  4. Maikka v. SaloSupreme Court of Colorado · 1943
  5. Hatch v. WagnerColorado Court of Appeals · 1978

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