Legal Opinion

Denver Circle R. v. Nestor

Supreme Court of Colorado

Decided October 15, 1887PublishedCited by 51 opinions

Appeal from Superior Court of Denver. The complaint alleges damages done to appellee’s property, consisting of two lots with dwelling-house and other improvements thereon, abutting on a street called “Willow Lane,” in Witter’s first addition to the city of Denver, by the construction of appellant’s railroad track, and the running thereon in said street of its trains of-cars propelled by steam-engines.

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Appeal from Superior Court of Denver. The complaint alleges damages done to appellee’s property, consisting of two lots with dwelling-house and other improvements thereon, abutting on a street called “Willow Lane,” in Witter’s first addition to the city of Denver, by the construction of appellant’s railroad track, and the running thereon in said street of its trains of-cars propelled by steam-engines. The injuries and annoyances complained of are the excavation and obstruction of the street in front of appellee’s property, so as to prevent ingress and egress to and from the same, casting upon…

1Opinion of the Court

Beck, C. J..

The first and fifth assignments of error attack the jurisdiction and practice of the superior court. The first alleges that the court did not have jurisdiction of the subject-matter of the action; the fifth is to the effect that no term of said court existed at the time of the trial below, in October, 1884, the September term having lapsed for failure of the judge to appear on the first day of the term; that the practice provided by law for the district courts, in such cases, not being applicable to said superior courts, the clerk thereof was without any authority to adjourn the…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
  2. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  3. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  4. People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
  5. City of Denver v. BayerSupreme Court of Colorado · 1883

1 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Spokane Grain & Fuel Co. v. LyttakerWashington Supreme Court · 1910
  2. McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
  3. City of Northglenn v. GrynbergSupreme Court of Colorado · 1993
  4. Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
  5. Troiano v. Colorado Department of HighwaysSupreme Court of Colorado · 1969

46 more not listed; retrieve them via the Exa API.

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