People ex. rel. Warren v. Carpenter
Supreme Court of Colorado
Petition for Writ of Mandamus. When the appeal of Warren et al v. Adams was before this court at the January, 1894,, term the decree of the lower court holding appellants as trustees for the benefit of appellee of the lands in controversy was affirmed, but its execution was suspended as to the conveyance of the title until the amount found to be due to the appellants, if any, on account of the payment of taxes, was refunded.
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Petition for Writ of Mandamus. When the appeal of Warren et al v. Adams was before this court at the January, 1894,, term the decree of the lower court holding appellants as trustees for the benefit of appellee of the lands in controversy was affirmed, but its execution was suspended as to the conveyance of the title until the amount found to be due to the appellants, if any, on account of the payment of taxes, was refunded. That the amount might be ascertained the cause was remanded with instructions to the court below to take an accounting and require payment to appellants before divesting…
1Per curiam
(afterstating the facts). It is the position of petitioners that, under our mandate, the court below had no discretion whatever in its execution; that the mandate contemplated merely that the trial court should, by an accounting or otherwise, ascertain the amount of taxes, interest and costs which the plaintiffs in that action were required to pay in order to secure the fruits of their decree, and that when this amount was ascertained the only additional thing the lower court could do was to order the same to be paid within a reasonable time, which, if done, would of itself confer upon the…
2Cases cited5 opinions
- Ex Parte the Union Steamboat CompanySupreme Court of the United States · 1900
- People ex rel. Denison v. ButlerSupreme Court of Colorado · 1897
- People ex rel. Coffey v. Judge of the District CourtSupreme Court of Colorado · 1893
- Adams v. WarrenSupreme Court of Colorado · 1900
- People ex rel. Broadmoor Land & Improvement Co. v. District CourtSupreme Court of Colorado · 1899
3Cited by7 opinions
- People v. RoybalSupreme Court of Colorado · 1983
- Galbreath v. WallrichSupreme Court of Colorado · 1910
- Stuart v. Colorado Eastern RailroadSupreme Court of Colorado · 1916
- Meyer v. MillikenSupreme Court of Colorado · 1940
- Powell v. HartSupreme Court of Colorado · 1993
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