Knowles v. Lower Clear Creek Ditch Co.
Supreme Court of Colorado
Appeal from, the District Court of Arapahoe County. Appellant, as plaintiff, brought this action in the court below, for the purpose of having a receiver appointed to take possession of, and sell, certain ditch, water rights, and other property, and distribute the proceeds among the stockholders of the Clear Creek Platte River Ditch & Mill Company.
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Appeal from, the District Court of Arapahoe County. Appellant, as plaintiff, brought this action in the court below, for the purpose of having a receiver appointed to take possession of, and sell, certain ditch, water rights, and other property, and distribute the proceeds among the stockholders of the Clear Creek Platte River Ditch & Mill Company. He claims this relief upon facts stated in his complaint, which are to the effect that the above named company was a corporation, organized under the laws of this state, the charter of which expired by limitation on the 12th day of July, 1893; that…
1Opinion of the CourtJustice Gabbert
A rehearing was granted for the one purpose of reconsidering the question of the jurisdiction of this court to entertain this appeal. Counsel for appellant contends that the action relates to both a franchise and a freehold. Counsel for appellees suggest that jurisdiction might attach on error, but that it cannot on appeal. This distinction is not tenable. The code of civil procedure provides that appeals shall lie from the district to the supreme court in all cases where the judgment appealed from relates to a franchise or freehold. Sec. 388, Mills’ Ann. Code. This provision is not affected…
2Cases cited4 opinions
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
- Harvey v. Travelers Ins.Supreme Court of Colorado · 1893
- McClellan v. HurdSupreme Court of Colorado · 1895
- Rose v. ChoteauIllinois Supreme Court · 1849
3Cited by5 opinions
- Park v. ParkSupreme Court of Colorado · 1901
- Monte Vista Canal Co. v. Centennial Irrigating Ditch Co.Colorado Court of Appeals · 1912
- Monte Vista Canal Co. v. Centennial Irrigating Ditch Co.Colorado Court of Appeals · 1912
- Poudre Valley Reservoir Co. v. Larimer County Canal No. 2 Irrigating Co.Supreme Court of Colorado · 1914
- Wolff v. Farmers' Highline Canal & Reservoir Co.Supreme Court of Colorado · 1913