Schoolfield v. Brunton
Supreme Court of Colorado
Error to the County Court of Custer County. This action was originally instituted before J. S. Truex, a justice of the peace, on the 28th day of June, 1890. Summons was served on the defendant June 30, 1890; made returnable on the 5th day of July, 1890. On that day an affidavit for a change of venue was filed in behalf of plaintiffs, and the change of venue granted to one L. D. Jerome, a justice of the peace, and the papers in the case given to the constable, A. W.…
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Error to the County Court of Custer County. This action was originally instituted before J. S. Truex, a justice of the peace, on the 28th day of June, 1890. Summons was served on the defendant June 30, 1890; made returnable on the 5th day of July, 1890. On that day an affidavit for a change of venue was filed in behalf of plaintiffs, and the change of venue granted to one L. D. Jerome, a justice of the peace, and the papers in the case given to the constable, A. W. Hendricks, to be delivered. It appearing that L. D. Jerome had removed from the county, the constable delivered the papers to…
1Opinion of the CourtJustice Goddard
It is unnecessary to determine whether the justice of the peace, Wadsworth, obtained jurisdiction .of the cause by reason of the manner m which the same was brought before him, or whether the county court erred in overruling the motion to dismiss for want of such jurisdiction, since the plaintiff in error waived all objections to the jurisdiction of the county court by entering upon the trial and contesting the cause upon its merits. C. C. R. Co. v. Caldwell, 11 Colo. 545.
The action of the court in recalling the jury to correct their verdict under the circumstances did not constitute…
2Cases cited2 opinions
- Colorado Cent. R. v. CaldwellSupreme Court of Colorado · 1888
- Gano v. WellsSupreme Court of Kansas · 1887
3Cited by20 opinions
- Stewart ex rel. Stewart v. RiceSupreme Court of Colorado · 2002
- The People v. OrtizIllinois Supreme Court · 1926
- Kreiser v. PeopleSupreme Court of Colorado · 1979
- Packer v. PeopleSupreme Court of Colorado · 1899
- Blain v. YockeySupreme Court of Colorado · 1947
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