Hunt v. Arkell
Supreme Court of Colorado
Appeal from District Court of Pitkin County. In the month of January, 1886, appellees, Edward Arkell and W. A. Camplin, as plaintiffs, instituted suit in the county court of Pitkin county against appellant, as defendant, for the purpose of recovering certain commissions claimed upon the sale of a mine: The defendant having appeared and answered, the cause was tried to the court in the month of March following.
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Appeal from District Court of Pitkin County. In the month of January, 1886, appellees, Edward Arkell and W. A. Camplin, as plaintiffs, instituted suit in the county court of Pitkin county against appellant, as defendant, for the purpose of recovering certain commissions claimed upon the sale of a mine: The defendant having appeared and answered, the cause was tried to the court in the month of March following. The trial resulting in favor of the appellees, judgment was accordingly entered upon the 12th day of said month of March. It also appears that an appeal to the district court was prayed…
1Opinion of the CourtJustice Hayt
Did the district court err in affirming the judgment of the county court upon appellees’ motion? This is the sole question presented for our determination.
The appeal from the county court not having been taken on the day upon which the judgment was rendered, the appellant, by the terms of the act regulating appeals in such cases, was required to serve upon the appellee or his attorney a written notice of his appeal within five days after the same was taken. And it is further provided that, in case of failure to serve such a notice within the time specified, the appellee may, at his option,…
2Cases cited1 opinion
- Capehart v. Kader Biggs & Co.Supreme Court of North Carolina · 1884
3Cited by11 opinions
- Lusk v. KershowSupreme Court of Colorado · 1892
- Law v. NelsonSupreme Court of Colorado · 1890
- Straat v. BlanchardSupreme Court of Colorado · 1890
- Busby v. CampSupreme Court of Colorado · 1891
- Slattery v. RobinsonColorado Court of Appeals · 1895
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