Davis v. Wannamaker
Supreme Court of Colorado
Error to Probate Court, Jefferson County. It was alleged in the declaration that the Grolden City and Arapahoe Ditch Company commenced certain proceedings in the district court of Jefferson county, to condemn the right of way for its ditch through certain lands therein described, belonging to defendant in error and others; that, in the course of such proceedings, the said ditch company was required to give bond in the sum of $10,000 to defendant in error, and the others,…
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Error to Probate Court, Jefferson County. It was alleged in the declaration that the Grolden City and Arapahoe Ditch Company commenced certain proceedings in the district court of Jefferson county, to condemn the right of way for its ditch through certain lands therein described, belonging to defendant in error and others; that, in the course of such proceedings, the said ditch company was required to give bond in the sum of $10,000 to defendant in error, and the others, conditioned for the payment of damages which should be awarded upon the condemnation of the said lands; that said ditch…
1Opinion of the Court
Hallett, O. J.
The penally in the bond described in the declaration is $10,000, of which sum defendant in error demanded but $2,000, and the same amount in damages. No argument will be required to show that the case cannot in that way be brought within the jurisdiction of the probate court. Upon such an instrument, although the plaintiff is entitled to collect damages only, the judgment must be for the full amount of the penalty of the bond, as debt, to be discharged upon the payment of the damages. R. S. 507. Austin v. The People, 11 Ill. 452; Freeman v. The People, 54 id. 153.
According to…
2Cases cited2 opinions
- Farni v. TessonSupreme Court of the United States · 1862
- Austin v. People ex rel. BurrIllinois Supreme Court · 1849
3Cited by4 opinions
- American Livestock & Loan Co. v. Great Northern Ry. Co.Montana Supreme Court · 1914
- Montana Mining Co. v. St. Louis Mining & Milling Co.Montana Supreme Court · 1897
- Allen v. KingColorado Court of Appeals · 1894
- Allen v. KingColorado Court of Appeals · 1894