Legal Opinion

Denver & R. G. R'y Co. v. Rader

Supreme Court of Colorado

Decided October 15, 1888PublishedCited by 1 opinion

Error to Fremont County Court. Dependant brought an action against plaintiff in error in justice’s court in Fremont county, and recovered a judgment therein in said court.

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Error to Fremont County Court. Dependant brought an action against plaintiff in error in justice’s court in Fremont county, and recovered a judgment therein in said court. To perfect [an appeal from said judgment, plaintiff in error filed an appeal bond in the office of the clerk of the county court of said county, within the time required by statute, and said bond was approved, and a summons and supersedeas were issued, and served as required by the provisions of the statute relating to appeals from justices’ courts. At the time of filing said appeal bond, plaintiff in error paid to the…

1Opinion of the Court

Rising, C.

That the court erred in dismissing said appeal is the only error assigned which is relied on in the argument, and, in the consideration of this assignment, two questions are discussed by counsel: 1. Is the payment *538of tlie costs of the appeal to the justice personally a condition precedent to the perfecting of the appeal, when the appeal bond is filed in the office of the clerk of the county court? 2. Has the court jurisdiction of the subject-matter of the action, so as to warrant the dismissal of an appeal before a transcript of the proceedings has been filed by the justice in the…

Also in this document: Per curiam.

2Cases cited4 opinions

  1. Reed v. DriscollIllinois Supreme Court · 1876
  2. Sheridan v. BeardsleyIllinois Supreme Court · 1878
  3. Schofield v. FeltSupreme Court of Colorado · 1887
  4. Carbonate Town Co. v. IvesSupreme Court of Colorado · 1887

3Cited by1 opinion

  1. Busby v. CampSupreme Court of Colorado · 1891

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