Hurd v. Carlile
Supreme Court of Colorado
Error to the Court of Appeals. This proceeding was instituted by Hurd in the district court of Arapahoe county, for a writ of mandamus to compel Carlile, as state treasurer, to pay certain warrants. The issuance of an alternative writ was waived and demurrer was interposed upon the ground that the petition did not state facts sufficient to constitute a cause of action. The demurrer was overruled and the writ ordered.
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Error to the Court of Appeals. This proceeding was instituted by Hurd in the district court of Arapahoe county, for a writ of mandamus to compel Carlile, as state treasurer, to pay certain warrants. The issuance of an alternative writ was waived and demurrer was interposed upon the ground that the petition did not state facts sufficient to constitute a cause of action. The demurrer was overruled and the writ ordered. From this judgment Carlile sued out a writ of error from the court of appeals. That court reversed the judgment of the district court. The writ of error from this court was sued…
1Opinion of the CourtJustice Goddard
Our jurisdiction to review the judgment of the court of appeals is challenged by motion to quash the writ of error from this court upon the ground that the judgment of the court of appeals is final, and cannot be reviewed by this court. The right of this court to review judgments of the court of appeals lies only where the judgment exceeds $2,500 exclusive of costs, or where the controversy involves a franchise or freehold, or where the construction of a provision of the state or the United States is necessary to a decision of the case.
It is conceded that this action does not come within the…
2Cited by3 opinions
- Board of County Commissioners v. McIntireSupreme Court of Colorado · 1896
- Madden v. DaySupreme Court of Colorado · 1897
- Baker v. BartonSupreme Court of Colorado · 1895