Mullen v. Western Union Beef Co.
Supreme Court of the United States
ERROR TO THE COURT OF APPEALS OF THE STATE OF COLORADO. This was an action brought by Mullen and McPhee against the Western Union Beef Company, in the district court of Arapahoe County, Colorado, to recover damages for loss of stock occasioned by the communication from cattle of defendant to cattle of plaintiffs of the disease known as splenetic or Texas fever, by the importation into Colorado of .a herd of Texas cattle, in June, 1891, and suffering them to go at large, in…
Read the full summary
ERROR TO THE COURT OF APPEALS OF THE STATE OF COLORADO. This was an action brought by Mullen and McPhee against the Western Union Beef Company, in the district court of Arapahoe County, Colorado, to recover damages for loss of stock occasioned by the communication from cattle of defendant to cattle of plaintiffs of the disease known as splenetic or Texas fever, by the importation into Colorado of .a herd of Texas cattle, in June, 1891, and suffering them to go at large, in violation of the quarantine rules, regulations and orders of the United States Department of Agriculture, in accordance…
1Opinion of the CourtChief Justice Fullee
"We are met on the threshold by the objection that the writ of error runs to the judgment of the Court of Appeals, and cannot be maintained, because that is not the judgment of the highest court of the State in which a decision could be had.
The Supreme Court of Colorado is the highest court of the State, and the Court of Appeals is an intermediate court, created by an act approved April 6, 1891, (Sess. Laws, Col. 1891, 118,) of which the following are sections:
“ SectioN 1. No writ of error from, or appeal to, the Supreme Court shall lie to review the final judgment of any inferior court,…
2Cases cited1 opinion
- Fisher v. PerkinsSupreme Court of the United States · 1887
3Cited by2 opinions
- Gorman v. Washington UniversitySupreme Court of the United States · 1942
- Stratton v. StrattonSupreme Court of the United States · 1915