People ex rel. Aspen M. & S. Co. v. District Court of Pitkin County
Supreme Court of Colorado
Certiorari to District Court of Pitkin County; Thomas A. Eucicer, Judge. The relator is the owner of several mining claims situated on Aspen mountain, in Pitkin county; and in order to facilitate the transportation of ores therefrom to certain sampling works in the town of Aspen, known as the “Hewitt Sampler,” laid out and constructed tramways from the mines to a common point in the vicinity, and laid out a main line extending from the point of convergence to the sampling…
Read the full summary
Certiorari to District Court of Pitkin County; Thomas A. Eucicer, Judge. The relator is the owner of several mining claims situated on Aspen mountain, in Pitkin county; and in order to facilitate the transportation of ores therefrom to certain sampling works in the town of Aspen, known as the “Hewitt Sampler,” laid out and constructed tramways from the mines to a common point in the vicinity, and laid out a main line extending from the point of convergence to the sampling works. This main line crosses a parcel of land severally claimed by three persons; by two of them as mining locations, and…
1Opinion of the CourtBeck, C. J.
This is a proceeding to review, upon a writ of certiorari, an order of the court below vacating and setting aside a rule, previously entered by it, granting to the relator possession of a strip of land pending proceedings instituted for its condemnation, under the eminent domain statute, for the purpose of a tramway. The statute referred to permits the court or judge, at any stage of the proceedings, to enter a rule authorizing the petitioner to take possession and use the premises sought to be condemned on depositing in court a sum of money, to be fixed by the judge, sufficient to pay…
2Cases cited5 opinions
- Kohl v. United StatesSupreme Court of the United States · 1876
- National Bank v. County of YanktonSupreme Court of the United States · 1880
- Jennison v. KirkSupreme Court of the United States · 1879
- United States v. Railroad Bridge Co.U.S. Circuit Court for the Northern District of Illnois · 1855
- Templeton v. Twelfth District CourtCalifornia Supreme Court · 1873
3Cited by9 opinions
- Tulips Investments, LLC v. State of Colorado ex rel.Suthers, Colorado Attorney GeneralSupreme Court of Colorado · 2015
- Akin v. Four Corners EncampmentColorado Court of Appeals · 2007
- Utah Copper Co v. Montana-Bingham Consol. Mining Co.Utah Supreme Court · 1926
- Great Western Natural Gas & Oil Co. v. HawkinsIndiana Court of Appeals · 1903
- Codd v. McGoldrick Lumber Co.Idaho Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.