Lundin v. Kansas Pacific Railway Co.

Supreme Court of Colorado

Lundin v. Kansas Pacific Railway Co.

4 Colo. 24

Procedural entryThis page is a short order in Lundin v. Kansas Pacific Railway Co.. Read the opinion of the Court — 4 Colo. 433 →

Supreme Court of Colorado·Decided December 15, 1877·Published

Opinion

Elbert, J.

The judgment in this case was rendered prior to October 1st, 1877.

The plaintiff’s right to the writ of error accrued therefore prior to the date the Code went into effect, and comes within the saving clause of section 447. Under any other view, the aggrieved party to a judgment rendered prior to October 1st, 1877, would be without remedy.

The writ of error lies, and the motion to strike the cause from the docket is overruled.

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Elbert, J.

The judgment in this case was rendered prior to October 1st, 1877.

The plaintiff’s right to the writ of error accrued therefore prior to the date the Code went into effect, and comes within the saving clause of section 447. Under any other view, the aggrieved party to a judgment rendered prior to October 1st, 1877, would be without remedy.

The writ of error lies, and the motion to strike the cause from the docket is overruled.

Lundin v. Kansas Pacific Railway Co., 4 Colo. 24 (Colo. 1877).

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4 Colo. 24 (Lundin v. Kansas Pacific Railway Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.