Molandin v. Colorado Central Railroad
Supreme Court of Colorado
Error to District Court of Arapahoe County. The material portions of the stipulation upon which this cause was brought to this court are as follows : “It is hereby stipulated and agreed by and between Miller & Markham, attorneys for the plaintiff, and Henry M. Teller, attorney for the defendant in the above case, that the following facts were proved or admitted on the trial of this case by the jury, before the Honorable Andrew W. Brazee, judge of the first judicial district,…
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Error to District Court of Arapahoe County. The material portions of the stipulation upon which this cause was brought to this court are as follows : “It is hereby stipulated and agreed by and between Miller & Markham, attorneys for the plaintiff, and Henry M. Teller, attorney for the defendant in the above case, that the following facts were proved or admitted on the trial of this case by the jury, before the Honorable Andrew W. Brazee, judge of the first judicial district, at the September term, A. D. 1875, of said court, and that the following proceedings were had.” After stating the faots…
1Opinion of the CourtThatcher, C. J.
This is essentially an appellate tribunal. Causes can only be heard in this court when properly removed from the lower courts by appeal or writ of error. Unless the statute prescribing the mode of bringing cases into this court from the lower courts be complied with, we are without authority to assume jurisdiction. Until the court has acquired jurisdiction of a cause under the law the agreement of parties to the action relative to its .status and disposition in this court, can have no force or effect whatever. The case before us is somewhat anomalous; neither a writ of error, nor a scire…
2Cases cited3 opinions
- J. W. Hodge, John W. Hunter, Haywood Hunter, Thomas Coleman, and Young Coleman, in Error v. John A. WilliamsSupreme Court of the United States · 1859
- Foster v. Minnesota Central Railway Co.Supreme Court of Minnesota · 1869
- Washington County v. DurantSupreme Court of the United States · 1869
3Cited by10 opinions
- Harvey v. Travelers Ins.Supreme Court of Colorado · 1893
- Kelley v. Union Pacific Railway Co.Supreme Court of Colorado · 1891
- Chamberlain v. HedgerSouth Dakota Supreme Court · 1897
- Whipple v. StevensonSupreme Court of Colorado · 1898
- Kinzie v. AlexanderSupreme Court of Colorado · 1941
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