Schwed v. Hartwitz
Supreme Court of Colorado
Appeal from the District Court of Lake County. This action was instituted under chapter 28 of the Civil Code of 1887, to recover the N. 20 feet of lot 20, in block 4, in St. Louis Smelting & Refining Company’s addition to the city of Leadville.
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Appeal from the District Court of Lake County. This action was instituted under chapter 28 of the Civil Code of 1887, to recover the N. 20 feet of lot 20, in block 4, in St. Louis Smelting & Refining Company’s addition to the city of Leadville. At all times while the action was pending in the district court the following provision of the code was in force: “ Sec. 272. Whenever judgment shall be rendered against either party, under the provisions of this chapter, it shall be lawful for the party against whom such judgment is rendered, his heirs or assigns, at any time before the first day of…
1Opinion of the Court
Chiee Justice Hayt
delivered the opinion of the court.
After the second trial, and before the third, plaintiff moved for a writ of restitution upon the following grounds:
1. Because a new trial was granted upon the payment by the defendants of the costs of the second trial only.
2. One new trial having been granted under the statute, the court was without power to grant another.
The first assignment of error is based upon the denial of the foregoing motion. The construction placed by the court upon the statute, ns it then existed, was clearly right. It read: “ Whenever judgment shall be rendered…
2Cases cited2 opinions
- Scammon v. City of ChicagoIllinois Supreme Court · 1866
- Sawyer v. CargileSupreme Court of Georgia · 1884
3Cited by14 opinions
- State ex rel. Hay v. AldersonMontana Supreme Court · 1914
- City of Denver v. DumarsSupreme Court of Colorado · 1905
- Stearns v. State Ex Rel. BiggersSupreme Court of Oklahoma · 1909
- Knoxville v. Knoxville Water Co.Tennessee Supreme Court · 1901
- Havens v. StilesIdaho Supreme Court · 1902
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