Fletcher & Gerelds v. Stowell
Supreme Court of Colorado
JSrror to County Court of Lake Comity. This was an action brought by Stowell in the county court of Lake’county for the foreclosure of a mortgage of real property situate in Eagle county.
Read the full summary
JSrror to County Court of Lake Comity. This was an action brought by Stowell in the county court of Lake’county for the foreclosure of a mortgage of real property situate in Eagle county. The defendants being personally served with summons, made default; and thereupon a decree was rendered providing for a sale of the mortgaged premises, cutting off the interest of the defendant Gerelds as second mortgagee, and directing that if the proceeds of the sale were insufficient to satisfy the mortgage debt, the plaintiff have judgment and execution for the balance against the defendant Fletcher. The…
1Opinion of the CourtJustice Elliott
The several assignments of error question the jurisdiction of the count}'- court on the ground that the property embraced in the mortgage sought to be foreclosed, was wholly situate in a county different from the one in which the court was held.
Before the adoption of the code the common law distinction between local and transitory actions was more or less definitively preserved in this jurisdiction ; and a mistake in laying the venue of a cause was often fatal to the maintenance of the action. ■
The constitution of the state adopted in 1876, confers original jurisdiction of all causes upon the…
2Cases cited4 opinions
- Dusing v. NelsonSupreme Court of Colorado · 1883
- Hughes v. CummingsSupreme Court of Colorado · 1883
- In re RogersSupreme Court of Colorado · 1890
- Behymer v. NordlohSupreme Court of Colorado · 1888
3Cited by38 opinions
- People Ex Rel. Rogers v. LetfordSupreme Court of Colorado · 1938
- Kirby v. Union Pacific Railway Co.Supreme Court of Colorado · 1911
- Kavanagh v. HamiltonSupreme Court of Colorado · 1912
- Smith v. MorrillColorado Court of Appeals · 1898
- Forbes v. Board of County CommissionersSupreme Court of Colorado · 1896
33 more not listed; retrieve them via the Exa API.