Campbell v. Los Angeles Gold Mine Co.
This text of 28 Colo. 256 (Campbell v. Los Angeles Gold Mine Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
On the merits, the sole question in this case relates* to the validity of that part of the section of the Lien Act which provides that in all suits for the forclosure of a mechanics’ lien, in case plaintiff obtains a judgment, attorneys’fees shall be taxed as costs. Sec. 18, p. 325, Session Laws 1893. The court of appeals in this case — Los Angeles Gold Mining Co. v. Campbell. 13 Colo. App., 1; 56 Pac. Rep. 246, held that such provision was unconstutional. Since that opinion was handed down, this court, in the case of Davidson v. Jennings, 27 Colo., 187; 60 Pac. Rep. 354, has reached the same conclusion. The constitutionality of the portion of the act in question is, therefore, no longer a debatable question; and as no other is involved which gives this court jurisdiction the writ of error must be dismissed for want of jurisdiction, and it is so ordered.
Writ dismissed.
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28 Colo. 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/campbell-v-los-angeles-gold-mine-co-colo-1901.