People ex rel. McGaffey v. District Court
Supreme Court of Colorado
Original Application for Writ of Prohibition. This action grows out of a contest between two factions, each claiming the right to file nominations of and for the people’s party, and to use the emblem of that party, to wit, the device known as the “ cottage home.” Each party claims that it constitutes the only genuine “ people’s party,” one convention having met in the city of Denver, on September 7, 1896, and the other in the city of Pueblo two days later.
Read the full summary
Original Application for Writ of Prohibition. This action grows out of a contest between two factions, each claiming the right to file nominations of and for the people’s party, and to use the emblem of that party, to wit, the device known as the “ cottage home.” Each party claims that it constitutes the only genuine “ people’s party,” one convention having met in the city of Denver, on September 7, 1896, and the other in the city of Pueblo two days later. The contest originally arose before the secretary of state, who decided in favor of the list of nominees nominated at Denver, and that the…
1Opinion of the Court
Peb Cubiam.
The jurisdiction of the district court to entertain the proceeding instituted before it is alone challenged in this proceeding. The merits of the controversy between the two contending factions of the populist party are, therefore, in no manner before this court. If the district court had jurisdiction, its judgment is conclusive upon the parties until set aside or modified upon review by appeal or writ of error. Such a review is not here sought.
The jurisdiction of the district court is, however, attacked upon two grounds:
1. The act relied upon to support the jurisdiction, having…
2Cases cited3 opinions
- People ex rel. Eaton v. District CourtSupreme Court of Colorado · 1892
- In re Governor's ProclamationSupreme Court of Colorado · 1894
- Skinner v. BeshoarSupreme Court of Colorado · 1874
3Cited by15 opinions
- Commonwealth Ex Rel. Schnader v. LiverightSupreme Court of Pennsylvania · 1927
- People v. McKennaSupreme Court of Colorado · 1980
- Martin v. RileyCalifornia Supreme Court · 1942
- State ex rel. National Conservation Exposition Co. v. WoolenTennessee Supreme Court · 1913
- Denver & Rio Grande Railroad v. MossSupreme Court of Colorado · 1911
10 more not listed; retrieve them via the Exa API.