Bailey v. O'Fallon

• Decision Date: 03 November 1902
• Citation: 30 Colo. 418,70 P. 755
• Parties: BAILEY v. O'FALLON.
• Court: Colorado Supreme Court

70 P. 755

30 Colo. 418

BAILEY v. O'FALLON.

Supreme Court of Colorado

November 3, 1902

Appeal from Gunnison county court.

Action by Pat O'Fallon against Walter Bailey. From a judgment in favor of plaintiff, defendant appeals. Dismissed.

J. C. Helm, for appellant.

Sprigg Shackelford, for appellee.

PER CURIAM.

Appellee, as plaintiff, brought an action in replevin against appellant, as defendant, to recover possession of a mare. The judgment was in favor of plaintiff, and the defendant appeals. Neither the character, amount of the judgment, nor the questions involved necessary to a determination of the case confer jurisdiction upon this court to entertain the appeal. The judgment appealed from, however, is a judgment of the county court, and we therefore have jurisdiction to entertain it on error. For that reason, by virtue of the provisions of section 388a, Mills' Ann. Code, the appeal is dismissed, and the cause will be redocketed on agror.

Appeal dismissed.