Peabody v. Thatcher

Supreme Court of Colorado

Peabody v. Thatcher

3 Colo. 275

CourtSupreme Court of Colorado

DecidedApril 15, 1877

StatusPublished

Cited by4 cases

This text of 3 Colo. 275 (Peabody v. Thatcher) 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.

Bluebook

Peabody v. Thatcher, 3 Colo. 275 (Colo. 1877).

Pincite

Opinion

Wells, J.

The judgment below was for costs merely, and does not relate to a franchise or a freehold.

Ho appeal lies, therefore. Rev. Stat., Ch. lxx., § 41.

It is true the defendant below has joined in error, and so has consented to the appeal. The doctrine of Mollandin v. The Colorado Central Railroad Co. (ante, p. 173), however, is that such consent is ineffectual to confer jurisdiction. We are unable to follow those courts which announce a contrary doctrine. Appeal dismissed.

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Wells, J.

The judgment below was for costs merely, and does not relate to a franchise or a freehold.

Ho appeal lies, therefore. Rev. Stat., Ch. lxx., § 41.

It is true the defendant below has joined in error, and so has consented to the appeal. The doctrine of Mollandin v. The Colorado Central Railroad Co. (ante, p. 173), however, is that such consent is ineffectual to confer jurisdiction. We are unable to follow those courts which announce a contrary doctrine. Appeal dismissed.

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Bluebook (online)

3 Colo. 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peabody-v-thatcher-colo-1877.

Opinion

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