People ex rel. Smith v. District Court of Second Judicial District
Supreme Court of Colorado
Original Proceeding. Petition for writ of prohibition. In the district court of Arapahoe county, Mary Smith instituted a suit for divorce against the relator, Hugh Smith. After filing the complaint she filed an application for temporary alimony and counsel fees. Due notice of the application was given to the defendant.
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Original Proceeding. Petition for writ of prohibition. In the district court of Arapahoe county, Mary Smith instituted a suit for divorce against the relator, Hugh Smith. After filing the complaint she filed an application for temporary alimony and counsel fees. Due notice of the application was given to the defendant. The parties appeared before the court, a hearing was had, and on the 5th day of February, 1895, the court, inter alia, ordered the defendant (who is the relator here) to pajr to the plaintiff, for temporary support and maintenance, sixty dollars on or before February 1,1895,…
1Opinion of the CourtJustice Campbell
I. In this state the doctrine is well settled that a writ of prohibition is not a writ of right, but rests in the sound discretion of the court. The only inquiry permitted is as to “whether the inferior judicial tribunal is exercising a jurisdiction it does, not possess, or, having jurisdiction over the subject-matter and the parties, has exceeded its legitimate powers.” Leonard v. Bartels, 4 Colo. 95; People ex rel., etc., v. District Court, 6 Colo. 534; McInerney v. City of Denver, 17 Colo. 302, and cases cited; People ex rel., etc., v. District Court, 19 Colo. 343.
The court undoubtedly had…
2Cases cited13 opinions
- Sharon v. SharonCalifornia Supreme Court · 1888
- Daniels v. DanielsSupreme Court of Colorado · 1886
- McInerney v. City of DenverSupreme Court of Colorado · 1892
- O'Callaghan v. O'CallaghanIllinois Supreme Court · 1873
- People ex rel. Dougan v. District CourtSupreme Court of Colorado · 1883
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3Cited by12 opinions
- Burke v. BurkeSupreme Court of Colorado · 1953
- City of Aurora v. Congregation Beth Medrosh HagodolSupreme Court of Colorado · 1959
- Dye v. DyeColorado Court of Appeals · 1897
- Eickhoff v. EickhoffColorado Court of Appeals · 1899
- People ex rel. Adams v. District CourtSupreme Court of Colorado · 1901
7 more not listed; retrieve them via the Exa API.