Smith v. District Court of Arapahoe County
Supreme Court of Colorado
Petition for writ of prohibition. The petitioners brought suit before a justice of the peace, in Arapahoe county, against Wolfe Londoner. A trial was had, and on the 10th of October, 1872, a judgment was rendered for the plaintiffs for $201.45. On the 31st day of that month, the defendant prayed and obtained an appeal to the probate court of said county.
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Petition for writ of prohibition. The petitioners brought suit before a justice of the peace, in Arapahoe county, against Wolfe Londoner. A trial was had, and on the 10th of October, 1872, a judgment was rendered for the plaintiffs for $201.45. On the 31st day of that month, the defendant prayed and obtained an appeal to the probate court of said county. On the 20th day of November, 1873, the cause was again tried de novo in the latter court, on appeal, and a judgment was rendered for the plaintiffs for the same sum. On the 1st day of December, 1873, the defendant prayed and obtained an…
1Opinion of the CourtElbert, J.
The act of 1872 (9 Sess. Laws, 105) provided for appeals from the final judgments and decisions of probate courts to the district court.
This act was repealed, so far as it applied to the probate court of the county of Arapahoe, by the act of 1874 (10 Sess. 217). The repealing act took effect from and after its passage, and contained no . saving clause as to actions pending on appeal.
In the case of Harrison v. Smith, 2 Col. 625, it was held that an appeal pending under the act of 1872 was rightfully dismissed by the appellate court for want of jurisdiction. The court says : “The repeal of a…
2Cases cited1 opinion
- Randolph County v. RallsIllinois Supreme Court · 1856
3Cited by18 opinions
- Callahan v. JenningsSupreme Court of Colorado · 1891
- Cochrane v. ParkerColorado Court of Appeals · 1898
- People Ex Rel. Crane v. . HahloNew York Court of Appeals · 1920
- Law v. NelsonSupreme Court of Colorado · 1890
- Tucker v. TuckerColorado Court of Appeals · 1912
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