In re Constitutionality of a Court of Appeals

• Decision Date: 16 February 1891
• Citation: 15 Colo. 578,26 P. 214
• Parties: In re CONSTITUTIONALITY OF A COURT OF APPEALS.
• Court: Colorado Supreme Court

26 P. 214

15 Colo. 578

In re CONSTITUTIONALITY OF A COURT OF APPEALS.

Supreme Court of Colorado

February 16, 1891

Senate bill No. 98 provides:

'Be it enacted by the general assembly of the state of Colorado: Section 1. No writ of error from, or appeal to the supreme court shall lie to review the final judgment of any inferior court, unless the judgment, or in replevin the value found, exceeds two thousand dollars, exclusive of costs: provided, this limitation shall not apply where the matter in controversy relates to a franchise or freehold nor where the construction of a provision of the constitution of the state or of the United States is necessary to the determination of a case: peovided, further, that the foregoing limitation shall not apply to writs of error to county courts. Sec. 2. There is hereby established a court which shall have appellate jurisdiction only, and which shall be called 'The Court of Appeals.' Said court shall consist of three judges, who shall possess the qualifications required of judges of the supreme court. Sec. 3. Immediately upon the taking effect of this act, the governor shall nominate, and, by and with the consent of the senate, appoint, one judge for the term of two years; one for the term of four years; and one for the term of six years; and biennially thereafter he shall in like manner appoint one judge for the term of six years. The term of offical shall begin on the first Wednesday in April next after each regular meeting of the legislature. The judge having the shortest term to serve, not having been appointed to fill a vacancy, shall be the president of the court. Vacancies shall be filled in the same manner as original appointments are required to be made: provided, that, where such vacancies occur during the recess of the senate, the governor shall fill the same by appointment until the next meeting of the senate, when he shall nominate some person to fill such office. Sec. 4. The said court shall have jurisdiction-- First. To review the final judgments of inferior courts of record in all civil cases, and in all criminal cases not capital. Second. It shall have final jurisdiction, subject to the limitations stated in subdivision 3 of this section, where the judgment, or, in replevin, the value found, is two thousand dollars or less, exclusive of costs. Third. It shall have jurisdiction, not final, in cases where the controversy involves a franchise or freehold, or where the construction of a provision of the constitution of the state, or of the United States, is necessary to the decision of the case; also in criminal cases, or upon writs of error to the judgments of county courts. Writs of error from, or appeals to, the court of appeals shall lie to review final judgments, within the same time and in the same manner as is now or may hereafter be provided by law for such reviews by the supreme court. Sec. 5. Any cause now pending in the supreme court, within the jurisdiction of the court of appeals, may, by order of the supreme court, upon notice to the parties or their attorneys of record, be transferred to the court of appeals for determination, unless objection to such transfer be interposed within thirty days after service of the notice aforesaid. Sec. 6. The court of appeals shall have power to adopt rules regulating the procedure therein in the same manner and with like effect as the supreme court; provided, that such procedure shall be so far similar to that of the supreme court as in the judgment of the judges of said court of appeals may be practicable. Sec. 7. The court of appeals may issue all necessary and proper writs and other processes in causes within its jurisdiction, in the same manner and with the same effect as the supreme court. It shall be a court of record, and have a seal. Sec. 8. Opinions shall be delivered as may be required of the supreme court, and may be published in like manner and in separate volumes. The reporter of the supreme court shall

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