Wellington v. Beck
Supreme Court of Colorado
Error to the District Court of Eagle County. On Motion to Vacate Judgment and Service oj Scire Facias. Plaintiffs in error sued out a sure facias, or summons to hear errors, directed to the sheriff of Eagle county, in accordance with the provisions of Mills Ann.
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Error to the District Court of Eagle County. On Motion to Vacate Judgment and Service oj Scire Facias. Plaintiffs in error sued out a sure facias, or summons to hear errors, directed to the sheriff of Eagle county, in accordance with the provisions of Mills Ann. Code § 404, which provides that the clerk of the supreme court, when requested by plaintiff in error, shall issue a scire facias, or summons to hear errors, directed to the sheriff of the county where the defendant in error resides, or may be found, commanding him to summon the defendant in error to appear at the next term of the…
1Per curiam
The code (Mills Ann. Code § 404) provides that a summons to hear errors shall be' directed to the sheriff of the proper county. According to its provisions, he is the official commanded to summon the defendant in error. The statute directs that all process issued out of this court shall be executed by the officer to whom the same is directed, and that the sheriff or his duly authorized deputy shall serve process directed to him. No other officer or person is authorized to perform this duty; hence, an attempt by one to execute process not authorized by law to do so, is a nullity. Unless a…
2Cases cited5 opinions
- Witt v. Kaufman & KleaverTexas Supreme Court · 1860
- Hickey v. ForristalIllinois Supreme Court · 1868
- Lillard v. Brannin & BrandCourt of Appeals of Kentucky · 1891
- Douthit v. Martin & Bro.Court of Appeals of Texas · 1897
- Republican Valley Railroad v. SayerNebraska Supreme Court · 1882
3Cited by6 opinions
- Brady v. PeopleSupreme Court of Colorado · 1909
- Nelson v. ChittendenSupreme Court of Colorado · 1912
- McVicker v. RouseSupreme Court of Colorado · 1908
- Perkins v. RussellColorado Court of Appeals · 1912
- Perkins v. RussellColorado Court of Appeals · 1912
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