Fort Collins Milling & Elevator Co. v. Larimer & Weld Irr. Co.

• Decision Date: 02 November 1914
• Docket Number: 8191.
• Citation: 143 P. 1091,58 Colo. 183
• Parties: FT. COLLINS MILLING & ELEVATOR CO. et al. v. LARIMER & WELD IRR. CO.
• Court: Colorado Supreme Court

143 P. 1091

58 Colo. 183

FT. COLLINS MILLING & ELEVATOR CO. et al. v. LARIMER & WELD IRR. CO.

No. 8191.

Supreme Court of Colorado, En Banc.

November 2, 1914

Error to District Court, Larimer County; Neil F. Graham, Judge.

The Larimer & Weld Irrigation Company petitioned, under Rev. St. 1908, §§ 3226, 3231, for a change of the point of diversion of the Chamberlain ditch, and the Ft. Collins Milling & Elevator Company and others filed objections. A decree was entered permitting the change, the objectors bring error, and the petitioners move to dismiss the writ of error. Motion denied.

Defendant in error, under the provisions of sections 3226, 3231, Revised Statutes 1908, filed a petition in the court below for a change of the point of diversion of the Chamberlain ditch. Plaintiffs in error filed objections to the proposed change. December 4, 1912, the court entered a decree permitting the change as prayed, and the objectors or respondents have brought the proceedings here for review on error. Defendant in error moves to dismiss upon the ground, among others, that the only method by which the judgment or decree in such proceedings can be reviewed is by appeal, as provided in section 3231, supra, and the statutory provisions referred to in that section.

H. N. Haynes, of Greeley, F. J. Annis, of Ft. Collins, and J. C. Ewing, of Greeley, for plaintiffs in error.

L. R. Rhodes, of Ft. Collins, for defendant in error.

GABBERT, J. (after stating the facts as above).

Chapter 6, p. 9, Session Laws 1911, entitled 'An act in relation to appeals and writs of error,' abolished appeals in proceedings of the character under consideration, and provided that decrees therein were reviewable on error. Harrington v. Harrington, 144 P. 20, decided at this term; Denniss v. People, 55 Colo. 120, 133 P. 741; Session Laws 1911, p. 268, § 4. That is all we determine in passing on the motion to dismiss. All other questions raised by the motion may be presented on final hearing. The motion to dismiss is denied.

Motion denied.