Greenwood Cemetery Land Co. v. Routt
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. This was an application in the district court by “ The Greenwood Cemetery Land Company ” for a writ of mandamus.
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Appeal from District Court of Arapahoe County. This was an application in the district court by “ The Greenwood Cemetery Land Company ” for a writ of mandamus. Upon the filing of the petition an alternative writ, reciting in substance tbe allegations of the petition, was issued, directed to “John L. Routt, Edward J. Eaton, Joseph H. Maupin and N. B. Coy, comprising the State Board of Land Commissioners of the state of Colorado and Matt France, register of the State Board of Land Commissioners.” The command of the writ was in substance that said defendants, Routt, Eaton, Maupin and Coy, as the…
1Opinion of the CourtJustice Elliott
The defendants by a separate and distinct plea, incorporated in their answer, challenged the jurisdiction of the court to issue the writ of mandamus against the governor. Such plea being in the nature of a demurrer to the petition, was by consent of the parties and the court, treated as raising a question of law to be considered and disposed of in advance of any trial that might become necessary upon other matters of defense stated in the answer.
Upon the hearing, the demurrer was sustained and the writ of mandamus denied solely on the ground of a want of jurisdiction in the court to issue the…
2Cases cited9 opinions
- Magruder v. SwannCourt of Appeals of Maryland · 1866
- Martin v. InghamSupreme Court of Kansas · 1888
- Smith v. MyersIndiana Supreme Court · 1887
- Gray v. State Ex Rel. Coghlen, 9131Indiana Supreme Court · 1880
- State ex rel. Bartley v. FletcherSupreme Court of Missouri · 1867
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