Corthell v. Mead
Supreme Court of Colorado
Error to the District Court of Rio Grande County. Petition for writ of mandamus to compel respondent as justice of the peace to enter judgment in accordance with the verdict rendered in a certain proceeding before said justice. The district court denied the writ. Petitioners seek a reversal of the district court judgment by writ of error from this court.
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Error to the District Court of Rio Grande County. Petition for writ of mandamus to compel respondent as justice of the peace to enter judgment in accordance with the verdict rendered in a certain proceeding before said justice. The district court denied the writ. Petitioners seek a reversal of the district court judgment by writ of error from this court. The facts out of which the application for mandamus arises are in substance as follows: Certain persons, doing business as copartners under the firm name of the “ La Jara Hardware Company,” brought suit before a justice of the peace against…
1Opinion of the CourtJustice Elliott
Plaintiffs in error (claimants of the attached property and petitioners for the writ of mandamus') contend that they were and are entitled to have judgment rendered in the justice’s court in accordance with the verdict of the jury. They insist that the action of the justice of the peace in assuming to arrest the judgment upon the verdict, and in dismissing their claim to the property, was and is void; that his refusal to *388enter judgment in their favor was the refusal to perform an act which the law specially enjoins upon him as a dutjr resulting from his office; and that they have no plain,…
2Cases cited17 opinions
- Lloyd v. BrinckTexas Supreme Court · 1872
- Greenwood Cemetery Land Co. v. RouttSupreme Court of Colorado · 1892
- Felter v. MullinerNew York Supreme Court · 1807
- Union Colony v. ElliottSupreme Court of Colorado · 1880
- Overall v. PeroMichigan Supreme Court · 1859
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3Cited by21 opinions
- Garhart Ex Rel. Tinsman v. Columbia/HealthOne, L.L.C.Supreme Court of Colorado · 2004
- City of Denver v. HyattSupreme Court of Colorado · 1900
- Parker v. PlymptonSupreme Court of Colorado · 1928
- Clough v. CloughColorado Court of Appeals · 1897
- Utah Ass'n of Credit Men v. BowmanUtah Supreme Court · 1911
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