Reynolds v. Larkins
Supreme Court of Colorado
Error to County Court, Arapahoe County. This suit was brought before a justice of the peace under the forcible entry and detainer act. The premises sought to he recovered were not® situate within the justice’s precinct, nor was defendant a resident of such precinct. The cause of action, if any, accrued in another precinct, which had a duly-qualified and acting justice.
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Error to County Court, Arapahoe County. This suit was brought before a justice of the peace under the forcible entry and detainer act. The premises sought to he recovered were not® situate within the justice’s precinct, nor was defendant a resident of such precinct. The cause of action, if any, accrued in another precinct, which had a duly-qualified and acting justice. Defendant made a special appearance, and moved' to dismiss for want of jurisdiction over the subject-matter. The motion was overruled, default entered against defendant, and the cause tried. An appeal was then taken to the…
1Opinion of the CourtHelm, J.
A preliminary question is fairly presented by the record before us, viz.: Under our statutes relating to the subject, is there any appeal to the county court from judgments of justices of the peace in forcible entry or unlawful detainer actions?
Section 13 of the forcible entry and detainer act reads as follows: “ Hereafter, in all cases of forcible entry and detainer, or forcible or unlawful detainer, tried or determined in any county court, or before any justice of the peace, either party may take an appeal to the district court of the proper county in the same manner and during the same…
2Cases cited3 opinions
- Denver, South Park & Pacific Railroad v. RobertsSupreme Court of Colorado · 1882
- Wagner v. HallackSupreme Court of Colorado · 1877
- Schwenke v. Union Depot & R. R.Supreme Court of Colorado · 1884
3Cited by5 opinions
- Nelson v. NelsonSupreme Court of Colorado · 1922
- Board of County Commissioners v. HoffmireColorado Court of Appeals · 1897
- Board of County Commissioners v. HoffmireColorado Court of Appeals · 1897
- Schafer v. HegstromColorado Court of Appeals · 1903
- Schafer v. HegstromColorado Court of Appeals · 1903