Colorado Eastern Ry. Co. v. Union Pac. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. Application for dismissal for want of prosecution. Granted, and plaintiff: brings error. The plaintiff in error filed its petition in the state court of Colorado for condemnation of a right of way.
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In Error to the Circuit Court of the United States for the District of Colorado. Application for dismissal for want of prosecution. Granted, and plaintiff: brings error. The plaintiff in error filed its petition in the state court of Colorado for condemnation of a right of way. The original petition was filed on September 12, 1892, and the cause was removed to the federal court by defendant in error on October 14, 1892. The transcript of the record was filed on November 1, 1892. No action was had on the petition until October 4, 1894, when the plaintiff in error filed a petition asking that…
1Opinion of the CourtCaldwell, Circuit Judge
(after stating the facts). The defendant in error moves to dismiss the writ of error upon the ground that the dismissal of a cause for want of prosecution is not subject to review by an appellate court. The motion must be denied. An order of dismissal for want of prosecution and a judgment for costs against plaintiff lu a final judgment from which an appeal will lie. Tunnel Co. v. Pell, 4 Colo. 184; Wood v. Coman, 56 Ala. 283; Dowling v. Polack, 18 Cal. 626. To constitute a Anal judgment, it is not essential that it should be a bar to another suit. It is only when a suit is determined on its…
2Cases cited6 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Hughes v. United StatesSupreme Court of the United States · 1866
- Wood v. ComanSupreme Court of Alabama · 1876
- Ashley v. MaySupreme Court of Arkansas · 1844
- Peralta v. MarieaCalifornia Supreme Court · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921
- Hicks v. Bekins Moving & Storage Co.Court of Appeals for the Ninth Circuit · 1940
- Refior v. Lansing Drop Forge Co.Court of Appeals for the Sixth Circuit · 1942
- Sweeney v. AndersonCourt of Appeals for the Tenth Circuit · 1942
- State Savings Bank v. AlbertsonMontana Supreme Court · 1909
21 more not listed; retrieve them via the Exa API.