Edgar Gold & Silver Mining Co. v. Taylor
Supreme Court of Colorado
Appeal from District Court, Cilpin County. The plaintiff, a corporation organized under the laws of the state of New York, brought this action against Fernando 0. Taylor, one of the appellants, to determine-the rights to possession of certain mining premises, in support of an adverse claim.
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Appeal from District Court, Cilpin County. The plaintiff, a corporation organized under the laws of the state of New York, brought this action against Fernando 0. Taylor, one of the appellants, to determine-the rights to possession of certain mining premises, in support of an adverse claim. The action was commenced on the 6th day of March, 1882. A cost bond was filed on the 20th day of April, and the summons served on defendant on the 22d day of April, 1882. On the éth day of May following, the defendant filed a motion to dismiss the action on the ground that the plaintiff was not a resident…
1Per curiam
The first error assigned is that the court below erred in denying the motion of defendants to dismiss the action for want of the cost bond required by law. The motion is based upon the provisions of sections 1, 2, chapter 20, General Laws, page 189. The requirement of the first section is that the non-resident plaintiff shall, “ before he institutes such suit, file, or cause to be filed, with the clerk,” etc., the cost bond therein specified and required; and section 2 declares that, if any such action shall be commenced, without filing the cost bond required by section 1, the court, on…
2Cases cited5 opinions
- Trustees of Schools v. WaltersIllinois Supreme Court · 1850
- Roberts v. FahsIllinois Supreme Court · 1863
- Filley v. CodySupreme Court of Colorado · 1877
- Farnsworth v. AgnewIllinois Supreme Court · 1861
- People v. CloudIllinois Supreme Court · 1869
3Cited by6 opinions
- Hytken v. WakeColorado Court of Appeals · 2002
- Glickman v. MesighSupreme Court of Colorado · 1980
- Kiesel v. District Court of Sixth Judicial Dist. Ex Rel. Sevier CountyUtah Supreme Court · 1938
- Bank of America National Trust & Savings Ass'n v. Denver Hotel Ass'n Ltd. PartnershipColorado Court of Appeals · 1992
- Nguyen v. Swedish Medical CenterColorado Court of Appeals · 1995
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