McClellan v. Hurd
Supreme Court of Colorado
JError to the Court of Appeals. It is alleged in the complaint: First: That on May 14th, 1885, and ever since, plaintiffs have been and now.are the owners, and were and are entitled to the possession of the east half of lot one, in block twenty, in Georgetown, in Clear Creek county, Colorado.
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JError to the Court of Appeals. It is alleged in the complaint: First: That on May 14th, 1885, and ever since, plaintiffs have been and now.are the owners, and were and are entitled to the possession of the east half of lot one, in block twenty, in Georgetown, in Clear Creek county, Colorado. Second: That afterwards, and from that day to the present time, the defendants took and held possession of said premises, except the first floor upon the north 56-|- feet of said half lot, and of about twenty feet off the north of the second floor of said premises, and that all the remainder of said…
1Opinion of the CourtChief Justice Hayt
The question as to the jurisdiction of this court to entertain this cause upon error must be determined in limine.
*199Our jurisdiction is fixed by the act creating the court of appeals. In this case .it depends upon the construction of the first and fourth sections of that act. By the first, the jurisdiction of this court is retained when “ the matter in controversy relates to a franchise or freehold.” * * * By the fourth section it is provided that the court of appeals “ shall have jurisdiction, not final, in cases where the controversy involves a franchise or freehold.” * * * By other…
2Cases cited13 opinions
- Wyatt v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1893
- Fort Dearborn Lodge No. 214 v. KleinIllinois Supreme Court · 1885
- Piper v. ConnellyIllinois Supreme Court · 1884
- Harvey v. Travelers Ins.Supreme Court of Colorado · 1893
- Caperton v. SchmidtCalifornia Supreme Court · 1864
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bridgeport Hydraulic Co. v. PearsonSupreme Court of Connecticut · 1952
- Houston Oil Co. of Texas v. Village Mills Co.Texas Commission of Appeals · 1922
- Shoemake v. FinlaysonWashington Supreme Court · 1900
- Elliott v. MorrisCourt of Appeals of Texas · 1906
- Scheeren v. StramannSupreme Court of Colorado · 1897
11 more not listed; retrieve them via the Exa API.