People ex rel. Long v. District Court
Supreme Court of Colorado
Original Proceedings in Prohibition. This is an application for a writ of prohibition against the district court of Boulder county to restrain it from entering upon the trial of an action which, as it is alleged, the court has no jurisdiction to try. The complaint was filed in the district court on the 19th of November 1898. The action was in support of an adverse claim protesting against an application for a patent to a mining claim.
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Original Proceedings in Prohibition. This is an application for a writ of prohibition against the district court of Boulder county to restrain it from entering upon the trial of an action which, as it is alleged, the court has no jurisdiction to try. The complaint was filed in the district court on the 19th of November 1898. The action was in support of an adverse claim protesting against an application for a patent to a mining claim. It was tried at the April term of the district court of Boulder county before a jury which, on the 7th of that month, returned a verdict in favor of defendants…
1Opinion of the CourtChief Justice Campbell
The petitioners here contend that, although the district court originally had jurisdiction of the subject matter of the action, its jurisdiction ceased, so far as the question here is concerned, when it overruled plaintiff’s motion for a new trial for cause and rendered judgment for defendants; and its ruling on the subsequent motion which it proposes to make effective by entering upon another trial, being wholly beyond the realm of its authority, this writ of prohibition should go,
Respondents maintain that the district court had jurisdiction of the subject-matter which still continues, and…
2Cases cited5 opinions
- City of Denver v. HyattSupreme Court of Colorado · 1900
- Coffin v. RichSupreme Judicial Court of Maine · 1858
- Louden Irrigating Canal Co. v. Handy Ditch Co.Supreme Court of Colorado · 1896
- Handy Ditch Co. v. South Side Ditch Co.Supreme Court of Colorado · 1899
- People ex rel. Loveland & Greeley Ir. & Land Co. v. District Court of Larimer CountySupreme Court of Colorado · 1888
3Cited by9 opinions
- State ex rel. Martin v. Superior CourtWashington Supreme Court · 1917
- People ex rel. Lackey v. District CourtSupreme Court of Colorado · 1902
- People ex rel. Daniels v. District Court of City of DenverSupreme Court of Colorado · 1905
- Andrews v. WhitneyHawaii Supreme Court · 1912
- State Ex Rel Delgado, Sheriff v. LeahyNew Mexico Supreme Court · 1924
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