Vallette v. San Juan & N.Y. Mining & Smelting Co.
| Decision Date | 16 March 1888 |
| Citation | 11 Colo. 204,17 P. 509 |
| Court | Colorado Supreme Court |
| Parties | VALLETTE et al. v. SAN JUAN & N.Y. MINING & SMELTING CO. |
Commissioners' decision. Appeal from district court, San Juan county.
This was an action for recovery of real estate, brought by Henry F. Vallette, Edmund B. Sears, and Edward W. Beattie against the San Juan & New York Mining & Smelting Company. The plaintiffs appeal from a judgment in their favor.
C. F. Wilson and H. F. Vallette, for appellants.
Taylor & Ingersoll, for appellee.
DE FRANCE, C.
The appellants were plaintiffs in the district court, and on the 12th day of September, 1884, recovered a judgment against the appellee, by which they were adjudged to be the owners, and entitled to the possession, of a parcel of mining ground, described in such judgment, and were awarded costs of suit. The appellants have endeavored to appeal from said judgment to this court, and a transcript of the proceedings of the court below has been filed with the clerk of this court. A party is not allowed an appeal to this court from a judgment rendered in his own favor. The only mode of review is by writ of error. Hall v. Mining Co., 6 Colo. 81, and cases there cited. The case should be stricken from the docket of this court.
RISING and STALLCUP, CC., concur.
For the reasons assigned in the foregoing opinion this cause is stricken from the docket.
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