People ex rel. Alexander v. District Court
Supreme Court of Colorado
On Proceedings for Contempt. Original Proceeding. An - original proceeding was commenced in this court on September 25, 1901, by the filing of a petition by the attorney general, representing the State Board of Assessors, asking for an alternative writ of prohibition directed to the- district court of Pueblo county and to N. Walter Dixon, the judge thereof.
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On Proceedings for Contempt. Original Proceeding. An - original proceeding was commenced in this court on September 25, 1901, by the filing of a petition by the attorney general, representing the State Board of Assessors, asking for an alternative writ of prohibition directed to the- district court of Pueblo county and to N. Walter Dixon, the judge thereof. Upon hearing, the alternative writ was issued, returnable October 7, 1901. In the petition is contained the record of the proceedings had -in the district court of Pueblo county in an action began on the 26th of August, 1901, wherein the…
1Opinion of the CourtJustice Steele
We are met at the very threshold by the argument that the judge of the district court not having had an opportunity to determine the questions presented in the petition for prohibition, because no plea to the jurisdiction was interposed and because the motion for change of venue has not been decided by him, proper respect for the district court requires that the writ of prohibition should not issue until the judge has had an opportunity to determine, in the first instance, the question of jurisdiction. Ordinarily this argument is sound, and in cases involving only private rights, we think we…
2Cases cited10 opinions
- Walton v. DevelingIllinois Supreme Court · 1871
- Cruickshank v. BidwellSupreme Court of the United States · 1900
- State ex rel. Reynolds v. WhiteSupreme Court of Florida · 1898
- Swinburn v. SmithWest Virginia Supreme Court · 1879
- Insurance Co. of North America v. BonnerSupreme Court of Colorado · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Anderson v. LammSupreme Court of Colorado · 1978
- Empire Ranch & Cattle Co. v. ColdrenSupreme Court of Colorado · 1911
- People ex rel. Attorney General v. ToolSupreme Court of Colorado · 1905
- Colorado State Board of Medical Examiners v. District CourtSupreme Court of Colorado · 1958
- In re MoyerSupreme Court of Colorado · 1905
25 more not listed; retrieve them via the Exa API.