Behymer v. Nordloh
Supreme Court of Colorado
Appeal from County Court of Arapahoe County. This action was commenced before a justice of the peace in April, 1883, by the appellee, William Nordloh, and a summons was issued in statutory form and duly served on the appellants, Henry M. Behymer and St. Clair Ross.
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Appeal from County Court of Arapahoe County. This action was commenced before a justice of the peace in April, 1883, by the appellee, William Nordloh, and a summons was issued in statutory form and duly served on the appellants, Henry M. Behymer and St. Clair Ross. The justice of the peace did not record in his docket the nature of the debt sued for, but did note that the amount was $80. At the time fixed for trial, plaintiff failing to appear was nonsuited, and thereupon the plaintiff appealed to the county court. Both parties appeared in the county court and went to trial without objection,…
1Opinion of the CourtJustice Elliott
Were the question res nova in this state there would be ground for contending that the statute (Gen. Stat. § 2061) requiring the .justice to record in his docket “the amount and nature of the debt sued for ” was mandatory, and that its omission was a fatal jurisdictional defect. The doctrine announced in Home v. Duff, 5 Colo. 574, and Smith v. Aurich, 6 Colo. 388, relating to courts of -record, bears .a close analogy to that contended for by the appellants in this action, but the decisions as to courts not of record are the other way; and it is held that the omission of the justice to record…
2Cases cited11 opinions
- Dusing v. NelsonSupreme Court of Colorado · 1883
- Barnett v. WolfIllinois Supreme Court · 1873
- Martin v. ForceSupreme Court of Colorado · 1877
- Downing v. FlorerSupreme Court of Colorado · 1878
- Lyon v. WashburnSupreme Court of Colorado · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fletcher & Gerelds v. StowellSupreme Court of Colorado · 1891
- Kavanagh v. HamiltonSupreme Court of Colorado · 1912
- Conway v. JohnSupreme Court of Colorado · 1890
- Edwards v. SmithSupreme Court of Colorado · 1891
- Gibbons v. EllisSupreme Court of Colorado · 1915
2 more not listed; retrieve them via the Exa API.