Legal Opinion

Tyler v. McKenzie

Supreme Court of Colorado

Decided April 15, 1908No. 5564; No. 3242 C. APublishedCited by 4 opinions

Error to the County Court of Pitkin County. Hon. Henry C. Hyers, Judge. Action by L. N. McKenzie against Rose Tyler. Prom a judgment for plaintiff, defendant brings error.

1Opinion of the CourtJustice Goddard

1. Counsel for plaintiff in error insist that the court committed a fatal error in assuming jurisdiction to try the action under the statute relating- to forcible entry and detainer, in the face of the record which shows a noncompliance with some of its essential requirements, relying upon the well-settled rule that, when the jurisdiction given by statute is clearly a summary one and the manner of obtaining such jurisdiction is prescribed by the statute, such provisions are mandatory and must be strictly followed, and the record must affirmatively show a compliance therewith.

It appears…

2Cases cited4 opinions

  1. Lee v. StahlSupreme Court of Colorado · 1886
  2. Wettengel v. City of DenverSupreme Court of Colorado · 1895
  3. MacKenzie v. PorterSupreme Court of Colorado · 1907
  4. Crawford v. BrownSupreme Court of Colorado · 1895

3Cited by4 opinions

  1. Kunz v. NelsonUtah Supreme Court · 1938
  2. Beman v. Rocky Ford National BankSupreme Court of Colorado · 1937
  3. Hendron v. BolanderSupreme Court of Colorado · 1937
  4. Behr v. BurgeColorado Court of Appeals · 1996

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