Phelan v. Ganebin
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Eimira L. G-anebin, tbe appellee, obtained judgment in the district court of Arapahoe county, July 13th, 1878, against Phelan, for the sum of $525.03. The plaintiff procured garnishee process to be issued and served upon Yillard and Greeley, receivers of the Kansas Pacific Railway Company, who were recpiired to appear upon a day named before a referee.
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Appeal from District Court of Arapahoe County. Eimira L. G-anebin, tbe appellee, obtained judgment in the district court of Arapahoe county, July 13th, 1878, against Phelan, for the sum of $525.03. The plaintiff procured garnishee process to be issued and served upon Yillard and Greeley, receivers of the Kansas Pacific Railway Company, who were recpiired to appear upon a day named before a referee. The finding of the referee was to the effect that Yillard and Greeley, as receivers, were indebted to Phelan, in the sum of $469.15, and ordered that they as receivers, apply that amount toward the…
1Opinion of the CourtStone, J.
Whether, under that section of the constitution which declares that all judicial power shall be vested in certain designated courts, it is competent for the legislative assembly to authorize clerks of the district courts to enter judgments in vacation in the cases provided in section 150 ot the Code, is a question we do not deem it necessary to discuss at length. That the courts of many of the States have acted under similar statutory provisions for many years past, and that the validity of such judgments, has been upheld by repeated decisions of the highest courts of the Code States would be…
2Cases cited4 opinions
- Folger v. Columbian InsuranceMassachusetts Supreme Judicial Court · 1868
- Taylor v. GilleanTexas Supreme Court · 1859
- Wells v. MortonWisconsin Supreme Court · 1860
- Fithian v. New York & Erie RailroadSupreme Court of Pennsylvania · 1857
3Cited by5 opinions
- Hubbart v. Willis State BankCourt of Appeals of Texas · 1909
- Terpening v. HoltonSupreme Court of Colorado · 1886
- Schuster v. RaderSupreme Court of Colorado · 1889
- Franklin v. ThatcherUtah Supreme Court · 1919
- Venner v. Denver Union Water Co.Arapahoe County District Court · 1902