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30 Colo. 418

Bailey v. O'Fallon

Supreme Court of Colorado

Decided September 15, 1902

Supreme Court of Colorado · decided 1902-09-15

<p>Appellate Practice — Dismissal of Appeal — Redocketlng on Error.</p> <p>Where a judgment of the county court was appealed from to the supreme court and the supreme court has no jurisdiction to review the judgment on appeal hut has jurisdiction to review it on writ of error the appeal will he dismissed and the cause redoclieted on error.</p>

Decided 1902-09-15

Per Curiam.

¶1Appellee, as plaintiff, brought an action in replevin against appellant, as defendant, to recover possession of a mare. The judgment was in favor of plaintiff, and the defendant appeals.

¶2Neither the character, amount of the judgment, nor the ■ questions involved necessary to a determination of the case confer jurisdiction upon this court to entertain the appeal. The judgment appealed from, however, is a judgment of the county court, and we therefore have jurisdiction to entertain it on error. For that reason, by virtue of the provisions *419of sec. 388a, Mills’ Annotated Code, the appeal is dismissed, and the canse will be redocketed on error^

¶3Appeal dismissed.

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