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19 Colo. 167

Gordon v. Gray

Supreme Court of Colorado

Decided September 15, 1893

Supreme Court of Colorado · decided 1893-09-15

Action upon promissory note for the recovery of money only. Defendant by a counterclaim defeated the action and recovered judgment against plaintiff for the sum of $45.76. Plaintiff brings this appeal.

Relies on People v. Richmond · Harvey v. Travelers Ins.

Good law ✅— No negative treatment on recordhow we know

Decided 1893-09-15

How this case has been cited

Cited by 7 later decisions — most recently October 1998

6 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1As the law governing appeals to this court existed at the time of the rendition of the judgment (June, 1890), this court was without jurisdiction to entertain the appeal. The judgment did not. amount to $100, exclusive of costs, nor did it relate to a franchise or freehold. Code, § 388. By the act creating the court of appeals, the jurisdiction of this court to review money judgments rendered by district courts has been still further restricted. Session Laws, 1891, p. 118. Appeals are creatures of the statute; neither joinder in error nor the consent of parties can confer jurisdiction upon this court by appeal. See Harvey v. Travelers Ins. Co., 18 Colo. 354, and cases there cited; also, People v. Richmond, 16 Colo. 274.

¶2The appeal sought to be taken herein is dismissed without prejudice.

¶3Dismissed.

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