Legal Opinion

Downing v. Florer

Supreme Court of Colorado

Decided October 15, 1878PublishedCited by 13 opinions

Error to County Court of Arapahoe County. Florer and his copartner brought an action against Downing, the plaintiff in error, before a justice of the peace; judgment went against the defendant in that court by default, and he appealed to the county court. The county court, notwithstanding the objection of the defendant to its jurisdiction, proceeded with the cause and rendered judgment in favor of the appellees in that court.

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Error to County Court of Arapahoe County. Florer and his copartner brought an action against Downing, the plaintiff in error, before a justice of the peace; judgment went against the defendant in that court by default, and he appealed to the county court. The county court, notwithstanding the objection of the defendant to its jurisdiction, proceeded with the cause and rendered judgment in favor of the appellees in that court. To reverse this judgment the plaintiff in error sued out this writ of error.

1Opinion of the CourtElbert, J.

Section 103 of the Justices Act, B. S., p. 418, provides that suit shall be commenced before justices in the township in which the debtor or person sued resides, unless the cause of action accrued in the township in which the plaintiff resides, in which case the suit may be commenced where the cause of action accrued or is specifically made payable.

In the case of Melvin v. Latshaw, 2 Col. 81, it was held that by this section, “the residence of the defendant in the township where the suit is brought, or in the absence of that, the fact that the cause of action accrued or the sum of money was…

2Cases cited1 opinion

  1. People ex rel. McClintock v. SkinnerIllinois Supreme Court · 1851

3Cited by13 opinions

  1. Behymer v. NordlohSupreme Court of Colorado · 1888
  2. Robinson v. CompherColorado Court of Appeals · 1899
  3. Ramer v. SmithColorado Court of Appeals · 1894
  4. Whalen v. McMahonSupreme Court of Colorado · 1891
  5. City of Pueblo v. DyeSupreme Court of Colorado · 1908

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