¶1While I fully concur in the opinion of the chief-justice, I deem it my duty to say that, in my judgment, the power of the territorial legislature over the legal and chancery practice of the district courts is full, ample and complete. It has been repeatedly held by the supreme court of the United States that a territorial legislature, acting under its general delegation of power given in its organic act, can legislate on all subjects which fall within the domain of rightful legislation. The mode of procedure in courts of justice is certainly a rightful subject of legislation. Sparrow v. Strong, 3 Wall. 104; Rogers v. Burlington, id. 662.
2 Colo. 1
Palmer v. Cowdrey
Decided February 15, 1873
Supreme Court of Colorado · decided 1873-02-15
<p>Practice in chancery. The practice in chancery cases, and the manner of serving process and publishing notice of suit, is regulated by the law of the Territory, and not by the equity rules of United States courts.*</p> <p>Notice by publication — when sufficient. Process should be personally served where the defendant is within the jurisdiction, and for that purpose the officer should hold the summons until the return day. A return non inventus, made before the return day, will not support a notice by publication.†</p>
Cited by 1 later decisions — most recently May 1909
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1873-02-15
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