Theobald v. District Court

409 P.2d 274, 159 Colo. 7, 1965 Colo. LEXIS 529
CourtSupreme Court of Colorado
DecidedDecember 27, 1965
DocketNo. 21963
StatusPublished
Cited by1 cases

This text of 409 P.2d 274 (Theobald v. District Court) 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
Theobald v. District Court, 409 P.2d 274, 159 Colo. 7, 1965 Colo. LEXIS 529 (Colo. 1965).

Opinion

Mr. Justice Moore

delivered the opinion of the Court.

This is a companion case to Rowland v. Theobald, case number 21977, in which our opinion is announced simultaneously herewith.

The two appellate court proceedings involve the same election contest. In the instant action the judgment under scrutiny was entered in an action commenced in the district court, whereas in No. 21977 the contest began in the county court. By our opinion in that case this ■ court held that the county court had [8]*8jurisdiction of the subject matter of the action. In the instant proceeding the district court erroneously held that it had jurisdiction. For the reasons appearing in our opinion in Rowland v. Theobald, supra, the rule heretofore entered in this cause is made absolute, and the respondent district court is directed to dismiss the action to which the rule was directed.

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Related

Russell v. Wheeler
413 P.2d 700 (Supreme Court of Colorado, 1966)

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Bluebook (online)
409 P.2d 274, 159 Colo. 7, 1965 Colo. LEXIS 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/theobald-v-district-court-colo-1965.