Lincoln First Bank, N. A. v. District Court In and For City and County of Denver, 80SA346
Decision Date | 18 May 1981 |
Docket Number | No. 80SA346,80SA346 |
Citation | 628 P.2d 615 |
Parties | LINCOLN FIRST BANK, N. A., Successor in Interest to the National Bank of Westchester, a Division of Lincoln First National Bank, a foreign corporation, Petitioner, v. DISTRICT COURT In and For the CITY AND COUNTY OF DENVER and State of Colorado, and the Honorable Gilbert A. Alexander, one of the Judges thereof, Respondents. |
Court | Colorado Supreme Court |
West & Weaver, P. C., John W. Weaver, Denver, for petitioner.
James E. Rowe, Jr., Denver, for respondents.
The language of 12 U.S.C. § 94 has been interpreted by the United States Supreme Court as creating a personal privilege for the convenience of national banking institutions in order to prevent interruption in their business that might otherwise result from their books being sent to distant locations in defense of claims against them. Mercantile Nat. Bank v. Langdeau, 371 U.S. 555, 83 S.Ct. 520, 9 L.Ed.2d 523 (1963). The statutory privilege, however, "may be claimed or waived, as the bank may choose." Colorado National Bank v. District Court, 189 Colo. 522, 525, 542 P.2d 853, 856 (1975); National Bank v. Associates of Obstetrics, 425 U.S. 460, 96 S.Ct. 1632, 48 L.Ed.2d 92 (1976); Michigan Nat. Bank v. Robertson, 372 U.S. 591, 83 S.Ct. 914, 9 L.Ed.2d 961 (1963); Charlotte Nat. Bank v. Morgan, 132 U.S. 141, 10 S.Ct. 37, 33 L.Ed. 282 (1889).
We have previously exercised original jurisdiction to determine whether a trial court has exceeded its jurisdiction or abused its discretion by failing to grant a civil litigant's challenge to venue. 1 Colorado National Bank v. District Court, supra; Bacher v. District Court, 186 Colo. 314, 527 P.2d 56 (1974); Jameson v. District Court, 115 Colo. 298, 172 P.2d 449 (1946). This interlocutory procedure is, nonetheless, not a substitute for appeal. Vaughn v. District Court, 192 Colo. 348, 559 P.2d 222 (1977).
In this case the petitioner has presented no certified record of the hearing on its motion, no transcript of the court's oral findings and ruling, and no written order denying its motion. Instead, Lincoln has presented only the bare pleadings to which the court responded.
The respondent has, likewise, provided no record of the court's findings and ruling. However, respondent asserts and petitioner has not contested that the court's denial of dismissal was premised on a finding of waiver. Respondent asserts that certain facts support this finding which we have neither ability nor reason to evaluate in this C.A.R. 21 proceeding.
A bank's venue privilege may be waived by its conduct. National Bank v. Associates of Obstetrics, supra; Annot., 1 A.L.R.3d...
To continue reading
Request your trial-
Vanderpool v. Loftness
... ... Jeremy Rhys Loftness, Defendant-Appellee. Court of Appeals No. 11CA1251 COLORADO COURT OF APPEALS Announced July 5, 2012 Arapahoe County District Court No. 09CV1855 Honorable Charles M ... Wahlberg, Denver, Colorado, for Defendant-Appellee 1 Plaintiff, ... First, the court determined that the elements of the ... See id. at 326-28; Central Bank Denver v. Mehaffy, Rider, Windholz & Wilson , 940 ... City of Pacifica , 366 F. Supp. 2d 927, 929-30 (N.D ... reviewable for an abuse of discretion); Lincoln First Bank v. Dist. Ct. , 628 P.2d 615, 616-17 ... ...
-
First Nat. Bank of Denver v. District Court, El Paso County, Colorado, Div. 5, 82SA148
... ... association may be established, or in any State, county, or municipal court in the county or city in which said association is located having jurisdiction in similar cases." ... Lincoln First Bank, N.A. v. District Court, 628 P.2d 615 (Colo.1981); Reaves v. Bank of America, 352 ... ...
-
Sisneros v. First Nat. Bank of Denver, 82CA1319
... ... No. 82CA1319 ... Colorado Court of Appeals, ... Oct. 20, 1984 ... Rehearing ... on a promissory note in the Denver District Court. (Action No. 1) In March 1981, Sisneros ... in that action, recorded by the Bank in the City and County of Denver, did not constitute a valid ... Langdeau, supra. See also Lincoln First Bank v. District Court, 628 P.2d 615 ... ...
-
THE COLORADO APPELLATE RULES
...Court, 164 Colo. 9, 432 P.2d 1 (1967); Vaughn v. District Court, 192 Colo. 348, 559 P.2d 222 (1977); Lincoln First Bank v. District Court, 628 P.2d 615 (Colo. 1981). Prohibition cannot be converted into, or made to serve the purpose of, an appeal, or writ of review to undo what already has ......