Clelland v. People
Supreme Court of Colorado
Appeal from District Court of Fremont County. The appellants, Clelland and Toupain, were sureties on the recognizance of John L. and Lewis Camblin, who had been recognized for their appearance to answer an indict- ' ment for grand larceny at the district court of Fremont county. The statute provided that the November term of that court should be begun on the second Monday in November.
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Appeal from District Court of Fremont County. The appellants, Clelland and Toupain, were sureties on the recognizance of John L. and Lewis Camblin, who had been recognized for their appearance to answer an indict- ' ment for grand larceny at the district court of Fremont county. The statute provided that the November term of that court should be begun on the second Monday in November. On the 16th of November, 1876, the recognizance was forfeited and scire facias issued returnable to the April term following. The defendants demurred ; the demurrer was overruled and the defendants pleaded,…
1Opinion of the CourtStone, J.
The act of February 8,1876, fixing the terms of court in the third judicial district (Sess. Laws, 11th Sess., p. 67), provides that the terms of the district court of Fremont county are to be held on the third Monday of April and the second Monday of November of each year. The scire facias avers a forfeiture of the recognizance at a term of said court begun and held on the 16th day of November, .1876. There being no authority for a term begun on that day, any proceeding had at a term so begun and held would be illegal and void.
While it is true, as contended for by the attorney-general, that…
2Cited by3 opinions
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