Legal Opinion

Rogers v. Bruce

Supreme Court of Colorado

Decided December 6, 1920No. 9918PublishedCited by 1 opinion

Action to enjoin the enforcement of a justice of the peace judgment. Judgment of dismissal. On Application for Supersedeas. Error to the District Court of San Miguel County, Hon. Thomas J. Black, Judge.

1Opinion of the CourtJustice Burke

Defendant in error, Bruce, brought unlawful detainer against Plaintiff in Error, Rogers, in justice court. The premises in question were a portion of the unsurveyed public domain. Service was had, Rogers defaulted, and, on proof, judgment was. entered for Bruce. Rogers appealed to the county court. The appeal was dismissed and writ of procedendo was issued to the justice. Writ of restitution was issued out of the justice court and served on Rogers. Disregarding the mandate thereof, he brought this action *299against Bruce in the district court to enjoin the enforcement of the justice judgment.…

2Cases cited2 opinions

  1. Richardson Drug Co. v. DunaganColorado Court of Appeals · 1896
  2. Fisher v. GreeneSupreme Court of Colorado · 1881

3Cited by1 opinion

  1. Wagner v. JohnsonSupreme Court of Colorado · 1926

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