Legal Opinion

Cooper v. American Central Ins.

Supreme Court of Colorado

Decided April 15, 1877PublishedCited by 16 opinions

Error to District Court of Pueblo County. This is a writ of error to the district court of Pueblo county, to reverse a judgment rendered in the above cause by Hon. James B. Beleord, associate justice at the December term, A. D. 1874, of .said court.

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Error to District Court of Pueblo County. This is a writ of error to the district court of Pueblo county, to reverse a judgment rendered in the above cause by Hon. James B. Beleord, associate justice at the December term, A. D. 1874, of .said court. The cause was tried by the court, without the intervention of a jury, and is brought here upon errors assigned, which are all substantially of a like import, viz : that the judgment in said cause is coram non judice, being entered when the court in fact was not in session, and when in law it could not be in session in Pueblo county. That the said…

1Opinion of the CourtElbert, J.

In this case the judgment appears to have been rendered and entered of record in vacation. The record does not show when, in fact, the court did adjourn, but this court takes judicial notice of the terms of the *319district courts in the several judicial districts, as fixed by law.

The December term of the district court for the county of Pueblo commenced on the second Tuesday of December, 1874. The January term of the same court for the county of Las Animas commenced on the first Tuesday of January, 1875. Sess. Laws, 1874, p. 88. The district court for one county cannot lawfully continue in…

2Cited by16 opinions

  1. Parker v. DekleSupreme Court of Florida · 1903
  2. Stirling v. WagnerWyoming Supreme Court · 1892
  3. People v. EvansIllinois Supreme Court · 1914
  4. Terpening v. HoltonSupreme Court of Colorado · 1886
  5. Walton v. StateMississippi Supreme Court · 1927

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