McCandless v. Green
| Decision Date | 02 January 1895 |
| Citation | 20 Colo. 519,39 P. 64 |
| Parties | McCANDLESS v. GREEN et al. |
| Court | Colorado Supreme Court |
Appeal from district court, Fremont county.
Action by Mosier T. Green and others against James A. McCandless. From a judgment of the district court for plaintiffs defendant appeals. Appeal dismissed.
C. D. Bradley and Thomas Macon, for appellant.
Benedict & Phelps, for appellee.
This is an action, brought by appellees, Green and others, to enforce a mechanic's lien against the property of appellant McCandless. In the district court judgment was rendered in favor of plaintiffs for the sum of $907.76, and the sum declared a lien against certain property of the appellant. The first question presented here for consideration has reference to the jurisdiction of this court to review the proceeding. The first section of the act creating the court of appeals reads as follows: Sess. Laws 1891, p. 118. As the judgment in this case is for less than $2,500, if the jurisdiction of this court is to be maintained, it must be under the foregoing proviso with reference to freeholds and constitutional questions. In the case of Wyman v. Felker, 18 Colo. 382, 33 P. 157, it was said that 'a freehold is never involved, within the meaning of the statute, unless the primary object of the suit is the recovery of the freehold estate, or when the suit, if prosecuted to judgment, will, as between the parties, result in one gaining or the other losing the estate.' In the case of Clement v. Reitz, 103 Ill. 315, it was held that a proceeding to enforce a mechanic's lien against real property did not involve a question of freehold. Is the construction of a provision of the national or state constitution necessary to a determination of the case? This particular part of the act received the careful attention of this court in the case of Trimble v. People, 19 Colo. 187, 34 P. 981. It was there held that, to invoke jurisdiction under...
To continue reading
Request your trial
-
Monte Vista Canal Co. v. Centennial Irrigating Ditch Co.
... ... [22 Colo.App. 371] the action a freehold title. Harvey v ... Travelers' Ins. Co., 18 Colo. 354, 32 P. 935; McCandless ... v. Green, 20 Colo. 519, 39 P. 64; Callbreath v. Hug, 48 Colo ... 202, 109 P. 947. But it has generally been found expedient to ... determine ... ...
- Chfctaw & Memphis Railroad Co. v. Speer Hardware Co.
-
Scheeren v. Stramann
...uniformly held that a freehold is not involved in the sense that the word is used in the statute.' To the same effect are McCandless v. Green, 20 Colo. 519, 39 P. 64; Spangler v. Green, 21 Colo. 505, 42 P. 674. The defendants error questioning our authority to entertain this writ of error, ......
-
Spangler v. Green
...is necessary to a determination of the case. The proceeding to enforce a mechanic's lien does not involve a freehold. McCandless v. Green, 20 Colo. 519, 39 P. 64. To warrant assumption of jurisdiction, the amount of the judgment in a case like the one at bar must be determined by the amount......