State Mercantile Co. v. Brack

Supreme Court of Colorado

State Mercantile Co. v. Brack

48 Colo. 489

CourtSupreme Court of Colorado

DecidedSeptember 15, 1910

DocketNo. 6195

StatusPublished

This text of 48 Colo. 489 (State Mercantile Co. v. Brack) 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.

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State Mercantile Co. v. Brack, 48 Colo. 489 (Colo. 1910).

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Opinion

Mr. Justice White

delivered the opinion of the court:

On January 22, 1907, a judgment was rendered in the County Court against the appellant, who was [490]*490plaintiff below, for costs. From that judgment this appeal is prosecuted. This court is without jurisdiction to entertain the appeal. The judgment is not for such sum, nor does it relate to a matter, that maybe reviewed on appeal. — § 388 Mills ’ Annotated Code, S. L. 1907, Chapter 122. The appellees have made no appearance in this court. Therefore, no writ of error can now be sued out, or scire facias served. The cause has been regularly reached for decision, and having no jurisdiction to hear the case on appeal, and no jurisdiction of the appellees, and more than three years having elapsed since the rendition of the judgment, the cause can not be entered as pending on error-under § 388a of the Code.—Johnston v. Eagle Ore Sampling Co., 46 Colo. 182; Jensen v. Eagle Ore Co., 47 Colo. 306, 107 Pac. 259.

The appeal is, therefore; dismissed.

Dismissed.

Mr. Justice Musser and Mr. Justice Bailey concur:

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Mr. Justice White

delivered the opinion of the court:

On January 22, 1907, a judgment was rendered in the County Court against the appellant, who was [490]*490plaintiff below, for costs. From that judgment this appeal is prosecuted. This court is without jurisdiction to entertain the appeal. The judgment is not for such sum, nor does it relate to a matter, that maybe reviewed on appeal. — § 388 Mills ’ Annotated Code, S. L. 1907, Chapter 122. The appellees have made no appearance in this court. Therefore, no writ of error can now be sued out, or scire facias served. The cause has been regularly reached for decision, and having no jurisdiction to hear the case on appeal, and no jurisdiction of the appellees, and more than three years having elapsed since the rendition of the judgment, the cause can not be entered as pending on error-under § 388a of the Code.—Johnston v. Eagle Ore Sampling Co., 46 Colo. 182; Jensen v. Eagle Ore Co., 47 Colo. 306, 107 Pac. 259.

The appeal is, therefore; dismissed.

Dismissed.

Mr. Justice Musser and Mr. Justice Bailey concur:

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48 Colo. 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-mercantile-co-v-brack-colo-1910.

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