Ames v. Colorado Cent. R.
District Court, D. Colorado
In equity. This cause came before the circuit judge on a motion by the plaintiffs for an order on the clerk of the United States circuit court for Colorado to docket the cause (the original files from the territorial court accompanying said motion, as also a certified transcript), and for a further order on the said clerk to issue a writ of assistance in said cause to the United States marshal of Colorado, to put the receiver heretofore appointed by the judge of the local…
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In equity. This cause came before the circuit judge on a motion by the plaintiffs for an order on the clerk of the United States circuit court for Colorado to docket the cause (the original files from the territorial court accompanying said motion, as also a certified transcript), and for a further order on the said clerk to issue a writ of assistance in said cause to the United States marshal of Colorado, to put the receiver heretofore appointed by the judge of the local court in possession of the road and property of the defendant company. This motion is resisted by the railroad company.…
1Concurrence
MILLER, Circuit Justice.
I concur in this opinion — in the first part of it, fully; in the latter part of it, on the ground that the party now seeking to docket the case in the circuit court took active steps in the case after he had the right to have it docketed in the circuit court. But, in the future application of the rule, I should not accept silence or passive inaction in the state courts as couclusive against a party of his election between the two courts. Motion denied.
2Cited by1 opinion
- Ames v. Colorado Cent. R.District Court, D. Colorado · 1876