Kirtley v. Marshall Silver Mining Co.
This text of 4 Colo. 111 (Kirtley v. Marshall Silver Mining 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
In this cause, a demurrer was interposed to the bill, which, by stipulation of parties, was heard in vacation. The demurrer was sustained, and the complainants failing to plead over, a decree dismissing the bill was entered up in vacation. This was error. In vacation, under the old system of practice, the judge had no authority to render the decree. The court alone had power to hear and determine the issue raised by the demurrer. To hold' that the decree is valid would be to assert that parties may [112]*112confer j urisdiction by consent, which cannot be admitted. Filley v. Cody, ante, p. 109.
The decree is reversed and the cause remanded for further proceedings.
Reversed.
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4 Colo. 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirtley-v-marshall-silver-mining-co-colo-1878.