Heil & Smith v. Simmonds
Supreme Court of Colorado
jError to District Court of Arapahoe County. In this action judgment was rendered in the county court in favor of Simmonds, plaintiff, against Heil and Smith, defendants. Thereupon the cause was taken by appeal to the district court. Upon the docketing of the cause in the district court Simmonds applied for and obtained a dismissal of the appeal on the ground that notice of the appeal had not been served upon him as required by law.
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jError to District Court of Arapahoe County. In this action judgment was rendered in the county court in favor of Simmonds, plaintiff, against Heil and Smith, defendants. Thereupon the cause was taken by appeal to the district court. Upon the docketing of the cause in the district court Simmonds applied for and obtained a dismissal of the appeal on the ground that notice of the appeal had not been served upon him as required by law. From the judgment dismissing the appeal Heil and Smith bring the cause to this court by writ of error. Section 4 of the act of 1885 upon which the controversy…
1Opinion of the CourtJustice Elliott
The only matter assigned for error is the action of the district court dismissing the appeal from the judgment of the county court. From the record it appears that judgment was rendered in the county court on August 19,1890. The appeal bond was filed and approved August 22,1890. Under the statute then in force as the same has been frequently *49construed by this court, the appeal was not taken until the bond was filed and approved. Session Laws, 1885, p. 158; Hunt v. Arkel, 13 Colo. 543 ; Law v. Nelson, 14 Colo. 409 ; Straat v. Blanchard, 14 Colo. 445.
From the bill of exceptions it appears that…
2Cases cited6 opinions
- Callahan v. JenningsSupreme Court of Colorado · 1891
- Hunt v. ArkellSupreme Court of Colorado · 1889
- Law v. NelsonSupreme Court of Colorado · 1890
- Robertson v. O'ReillySupreme Court of Colorado · 1890
- Straat v. BlanchardSupreme Court of Colorado · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Swingle v. Estate of PolloSupreme Court of Colorado · 1961
- Zimmerman v. CombsSupreme Court of Colorado · 1932