Rockwell v. District Court
Supreme Court of Colorado
Original Application for Writ of Certiorari. In this proceeding the petition of Rockwell and Hurd shows in substance that in December, 1887, petitioners obtained a judgment in the district court of Lake county against Butler and Wright; that said judgment was brought to this court by appeal; that in December, 1889, said judgment was in all things affirmed by this court; and 'that a proper mandate from the supreme court showing such affirmance was duly issued and filed in the…
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Original Application for Writ of Certiorari. In this proceeding the petition of Rockwell and Hurd shows in substance that in December, 1887, petitioners obtained a judgment in the district court of Lake county against Butler and Wright; that said judgment was brought to this court by appeal; that in December, 1889, said judgment was in all things affirmed by this court; and 'that a proper mandate from the supreme court showing such affirmance was duly issued and filed in the office of the clerk of the district court about the month of May, 1890. The petition further shows that said cause was…
1Opinion of the CourtJustice Elliott
The appropriateness of this proceeding as a remedy for the grievance complained of is not questioned. The argument of respondents upon the demurrer is directed to the merits of the application. Thus the record presents for determination the single question : Are petitioners under the facts and circumstances stated in their petition entitled to execution upon their original judgment?
When a judgment has been affirmed and the cause remanded by the supreme court to the court wherein the judgment was originally rendered,,and when the mandate of the appellate court showing such affirmance has been…
2Cases cited5 opinions
- Bank of Utica v. SmithNew York Supreme Court · 1820
- Anderson v. SloanSupreme Court of Colorado · 1872
- Swift v. ConboySupreme Court of Iowa · 1861
- Frazier v. McQueenSupreme Court of Arkansas · 1859
- United States v. HoytU.S. Circuit Court for the District of Southern New York · 1848
3Cited by16 opinions
- Shannon v. DodgeSupreme Court of Colorado · 1893
- Peters v. PetersSupreme Court of Colorado · 1927
- Rice v. Van WhySupreme Court of Colorado · 1910
- Schilstra v. Van Den HeuvelNew Jersey Court of Chancery · 1913
- Hiller v. MathenySupreme Court of Colorado · 1927
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