Boston & Colorado Smelting Co. v. Reed
Supreme Court of Colorado
Appeal from the District Court of Lake County. In AN action pending in the district court of Lake county, . brought by Clinton Reed, as plaintiff, against John C. Meagher et al., as defendants, for the purpose of establishing plaintiff’s claim to an interest (alleged to be an undivided 1/4) in a mining lease upon the Felicia Grace lode, a decree was rendered on December 24,1884, adjudging that plaintiff was the owner of an undivided 7/82 in the lease and a like share of the…
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Appeal from the District Court of Lake County. In AN action pending in the district court of Lake county, . brought by Clinton Reed, as plaintiff, against John C. Meagher et al., as defendants, for the purpose of establishing plaintiff’s claim to an interest (alleged to be an undivided 1/4) in a mining lease upon the Felicia Grace lode, a decree was rendered on December 24,1884, adjudging that plaintiff was the owner of an undivided 7/82 in the lease and a like share of the proceeds of ore extracted from the mine. Afterwards, and at the January term, 1890, this court affirmed that decree (14…
1Opinion of the CourtJustice Campbell
A large number of errors have been assigned, but these may be grouped for discussion here as in the argument of counsel.
1. The first point made is that it is contrary to the recognized practice in trial courts for the plaintiff to proceed against the appellant company by a petition in the original case after final judgment. His proper course in such a case, as it is said, would have been to bring an independent action against the Smelting Company as a debtor.
Whether, had seasonable objection been properly made by the appellant to the jurisdiction of the district court thus to entertain…
2Cases cited14 opinions
- Boughton v. . FlintNew York Court of Appeals · 1878
- Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
- Cruce v. CruceSupreme Court of Missouri · 1884
- Radford v. FolsomSupreme Court of Iowa · 1880
- De Votie v. McGerrSupreme Court of Colorado · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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- In re Estate of ThomasSupreme Court of Colorado · 1899
- Patterson v. BP America Production Co.Colorado Court of Appeals · 2015
- People Ex Rel. Ruybalid v. EspinozaSupreme Court of Colorado · 1927
- Sands v. Superior Buildings Co.Montana Supreme Court · 1960