Legal Opinion

People ex rel. Daniels v. District Court of City of Denver

Supreme Court of Colorado

Decided January 15, 1905No. 4795PublishedCited by 13 opinions

Original Proceeding on Petition for Writ of Prohibition. This is an original application for a writ to prohibit the district court of the city and county of Denver from proceeding further in an action there pending, on the grounds that it has not jurisdiction of the subject-matter of the suit, and has acted therein beyond its legitimate powers.

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Original Proceeding on Petition for Writ of Prohibition. This is an original application for a writ to prohibit the district court of the city and county of Denver from proceeding further in an action there pending, on the grounds that it has not jurisdiction of the subject-matter of the suit, and has acted therein beyond its legitimate powers. That action was brought by George A. Suffa against four mining corporations organized under the laws of the state of Colorado, and a fifth one incorporated under the laws of the state of Iowa, and William P. Daniels and Nathan C. Merrill, their…

1Per curiam

1. Prom the foregoing summary of the complaint it will be noted that the money judgment prayed for was on account of alleged frauds committed, and ultra vires acts done, by the individual defendants for which'their companies could not, under the averments, and, indeed, were not asked to, be held liable. The only object of the action and the only judgment prayed for against the corporations, were their dissolution and the winding up of their affairs. Neither an injunction nor a receivership was appropriate, under the allegations of the complaint, to the relief of a money judgment, and, indeed,…

2Cases cited11 opinions

  1. Havemeyer v. Superior CourtCalifornia Supreme Court · 1890
  2. Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
  3. La Société Française D'Epargnes et de Prévoyance Mutuelle v. Dist. Court of the Fifteenth Judicial Dist.California Supreme Court · 1879
  4. Haywood v. Lincoln Lumber Co.Wisconsin Supreme Court · 1885
  5. State Inv. & Ins. Co. v. Superior Court of San FranciscoCalifornia Supreme Court · 1894

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3Cited by13 opinions

  1. Rossi v. Colorado Pulp & Paper Co.Supreme Court of Colorado · 1931
  2. Monmouth Inv. Co. v. MeansCourt of Appeals for the Eighth Circuit · 1906
  3. Grout v. First National BankSupreme Court of Colorado · 1910
  4. Melville v. WeybrewSupreme Court of Colorado · 1940
  5. State Ex Rel Delgado, Sheriff v. LeahyNew Mexico Supreme Court · 1924

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