McMichael v. Groves
Supreme Court of Colorado
Error to District Court of Chaffee County. Motion to dismiss writ of error. The facts are sufficiently stated in the opinion of the court.
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Error to District Court of Chaffee County. Motion to dismiss writ of error. The facts are sufficiently stated in the opinion of the court. The statutory provisions of the Civil Code, adopted in 1887, referred to, are as follows: “ Sec. 397. The dismissal of an appeal may, by order of the court, be made without prejudice to another appeal or writ of error; but, unless another appeal or supersedeas be taken or allowed within thirty days after such dismissal, the dismissal of an appeal or writ of error shall operate as an affirmance of the judgment of the trial court, so as to make the sureties…
1Opinion of the CourtChief Justice Helm
McMichael prosecuted his appeal from a decree rendered against him in the court below. That appeal was dismissed by this court, but no order was entered that such dismissal should be without prejudice to another appeal or a writ of error. Subsequently, and after the expiration of more than thirty days, from the date of dismissal, he sued out the present writ of error, which was by order of the court, and upon the filing of his bond, duly made a supersedeas. The motion now presented is to dismiss the writ of error and discharge the supersedeas.
Prior to the year 1887, the dismissal of a writ of…
2Cases cited1 opinion
- Freas v. EngelbrechtSupreme Court of Colorado · 1877
3Cited by9 opinions
- Mueller v. KellyColorado Court of Appeals · 1896
- Wilson v. WelchColorado Court of Appeals · 1896
- Caviness v. PeopleSupreme Court of Colorado · 1900
- National Surety Co. v. SchaferSupreme Court of Colorado · 1914
- Whipple v. WesselsSupreme Court of Colorado · 1919
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