Hagerman v. Moore
Colorado Court of Appeals
Appeal from the District Court of Pitkin County. On the 5th of August, 1884, a suit was commenced against Moore, Bracken and Daniel, by divers parties who claimed an interest in the subject-matter of the controversy stated in the complaint. The present appellants succeeded to the interest of the then plaintiffs in the suit, and the litigation is proceeding in their name.
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Appeal from the District Court of Pitkin County. On the 5th of August, 1884, a suit was commenced against Moore, Bracken and Daniel, by divers parties who claimed an interest in the subject-matter of the controversy stated in the complaint. The present appellants succeeded to the interest of the then plaintiffs in the suit, and the litigation is proceeding in their name. The abstract does not contain the complaint, but to make the case intelligible in some particulars, reference was made to the one in the transcript. The suit was brought on a contract alleged to have been made inter partes,…
1Opinion of the CourtBissell, J.
Clearly the only action which can be taken by the court with reference to this case is to dismiss the appeal. It is difficult to understand why the case was brought here, or why it has been allowed to remain on the docket to the present time. It has been repeatedly adjudicated that under the act regulating appeals to the supreme court a final judgment must be entered before there is any right to a review of the proceedings below. This judgment must be a final determination of the controversy between the parties. What comes within this definition is clearly expressed in the decisions on the…
2Cases cited5 opinions
- Manville v. ParksSupreme Court of Colorado · 1883
- Craddock v. CroghanCourt of Appeals of Kentucky · 1801
- Alvord v. McGaugheySupreme Court of Colorado · 1880
- Stevens v. Solid Muldoon Printing Co.Supreme Court of Colorado · 1883
- Higgins v. BrownSupreme Court of Colorado · 1881
3Cited by18 opinions
- Boxwell v. Greeley Union National BankSupreme Court of Colorado · 1931
- Lipe v. FoxSupreme Court of Colorado · 1895
- Vandy's, Inc. v. NelsonSupreme Court of Colorado · 1954
- Bogert v. AdamsColorado Court of Appeals · 1895
- Thuringer v. BonnerSupreme Court of Colorado · 1923
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