Legal Opinion

Benham v. Willmer

Supreme Court of Colorado

Decided June 5, 1922No. 10,345PublishedCited by 4 opinions

Proceeding to establish disputed corners and boundaries of land. Order to advance costs. On Application for Supersedeas. Error to the District Court of Adams County, Hon. Samuel W. Johnson, Judge.

1Opinion of the CourtJustice Allen

This cause is before us on an application for a supersedeas to review or stay an order, claimed by the plaintiffs in error to be a final judgment in the sense that it may be reviewed by this court. The order in question will be more fully hereinafter set forth, but, briefly stated, it is one requiring the parties litigant herein to pay into court each a certain sum as a deposit for costs.

The main case is a special proceeding, brought under chapter 128, p. 286, Session Laws of 1907, to establish alleged disputed corners- and boundaries of lands. There are fortymine plaintiffs, claiming to be…

2Cases cited4 opinions

  1. Daniels v. DanielsSupreme Court of Colorado · 1886
  2. Avery v. WilsonU.S. Circuit Court for the District of Western North Carolina · 1884
  3. Hand v. AllenIllinois Supreme Court · 1920
  4. Bagot v. BagotSupreme Court of Colorado · 1920

3Cited by4 opinions

  1. Hobbs v. HobbsSupreme Court of Colorado · 1922
  2. Free v. ChandlerSupreme Court of Colorado · 1964
  3. Stockham v. StockhamSupreme Court of Colorado · 1961
  4. Leach v. ManhartSupreme Court of Colorado · 1941

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