Legal Opinion

Edwards v. Smith

Supreme Court of Colorado

Decided September 15, 1891PublishedCited by 24 opinions

Appeal from Dist/rict Gowrt of Eagle Coimt/g. This action was originally begun before a justice of the peace. Subsequently an appeal was taken to tbe county court, where the following stipulation was entered into: “ It is stipulated by and between the parties to this action that the venue therein be changed from the county court of Eagle county, Colorado, to the district court. * * * And it is further stipulated and agreed that, upon the trial of this action in the said…

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Appeal from Dist/rict Gowrt of Eagle Coimt/g. This action was originally begun before a justice of the peace. Subsequently an appeal was taken to tbe county court, where the following stipulation was entered into: “ It is stipulated by and between the parties to this action that the venue therein be changed from the county court of Eagle county, Colorado, to the district court. * * * And it is further stipulated and agreed that, upon the trial of this action in the said district court of Eagle county, all matters and differences arising and growing out of the use, injuries or damages to the…

1Opinion of the CourtJustice Elliott

It is contended by counsel for appellant that the action is one of equitable cognizance, and so not within the juris*530diction of the justice of the peace before whom the suit was originally instituted. Upon this ground it is assigned for error that the district court was without jurisdiction to try the cause.

Whether the objection to the jurisdiction of the district court might have been maintained if it had been insisted on in apt time without waiver, we need not consider. There being no necessity for written pleadings in cases originating before justices of the peace, the question whether the…

2Cases cited3 opinions

  1. Keith v. WellsSupreme Court of Colorado · 1890
  2. Lyon v. WashburnSupreme Court of Colorado · 1877
  3. Behymer v. NordlohSupreme Court of Colorado · 1888

3Cited by24 opinions

  1. Beals v. ConeSupreme Court of Colorado · 1900
  2. Supreme Lodge, Knights of Honor v. DavisSupreme Court of Colorado · 1899
  3. Christ v. FlannaganSupreme Court of Colorado · 1896
  4. People v. HartUtah Supreme Court · 1894
  5. Campbell v. WellerWyoming Supreme Court · 1917

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