The Elbert County tribune., 1902-06-12
COLoRADo's CAPITAL.
supreme Court peeIsIons.


interest on delinquent taxes since 1887
Judge Gabbert announced that there
must he a new trial on the lines laid
down by the Supreme Court. The stat
ute Of limitations. he said, was u wise
Incasure calculated 10 preserve the
peace of society, and IL was an error
on the part OF the lower court TO Civ.
| Judgment for q greater sup than thar
permitted by the statute of limitations
The county treasurer. acting III behali
of the city. collected penalties and IN
tcrest upon the principal due the city
and the money should have been paid
to the city. Having been paid TO the
county, the latter Is held responsible.
The case Is therefore reminded IL
probably will result in the city's secui'-
ing the interest and penalties coi-
lected by the county for the six years
prior 10 the establishment of the suit.
These amount to about $35,oUO.
The court denied the petition of
1-homas Holland, who asked for re
hearing of his case. The case was re-
viewed at length. Holland was sent
TO the penitentiary on the charge OF
administering knockout drops TO
Charles f. Wilson and later robbing
him. Several assignments of error
were made by Holland. chief of which
pare his case, as he said he had been
assured by the district attorney that
continuance would be granted and
that the judge Of the District Court
erred In giving additional Instructions
10 the Jury after il had been out TWEEN
ty-four hours. The opinion stated that
IL had been shown that three doctors
would have testified that the symp-
toms which Wilson described as hav-
ing followed the alleged drugginS
would not have been produced by
drug, but held also that Holland could
have introduced this testimony at his
trial. The opinion said that the action
of the trial judge cun be criticised in
some particulars. but nothing was
shown which would have prejudiced
Hollands rights.
f. A. Hockey, who was tried in San
Miguel county on "A charge OF assault
TO kill, secured n new trial He said
that he had not been given time to pre-
pare his case.
An Important point in divorce law
wns decided when the Supreme Court
ruled that the Lackey divorce case
must be tried in Otero county. Rob
ert Lackey was sued for divorce IN the
Arapahoe county District Court. He
pctitioned for n change OF venue 10
Otero county, but his petition was de
MED. lie then applied TO the Supreme
Court for Il writ OF prohibition, which
was granted The District Court was
ordered to take no further action in
the case except to vacate the orders
for suit money and temporary alimony.
Attorney John e. keegan was dis
barred on the petition of the Colorado
Bar Association. I<eegan collected
money for client. Mrs. Louisa Treml.
which he failed 10 turn over TO her un-
til after the disbarment suit had been
brought.
In the case of the Platte Land CONF
pany against John NJ. Hubbard, the
validity OF the act by which the Court
of Appeals was created was attacked
in the Supreme Court. The court re-
fused to consider that point. saying
that II had already passed upon 1t.
The case of u. ii. Dubois us trus-
tee for Catherine Skelton and Boying-
ton Skelton against J. w. Bowles was
one OF the most involved which the
court passed. Bowles had Il mortgage
Of $4,000 ON the Skelton ranch. The
county offered $4,000 for the prop
crty. 10 be used as n poor farm, but
Bowles did not accept the offer. Jus
tice Gabbert ruled that Bowles should
have allowed the sale 10 proceed, rs
the Skeletons wished to accept this
price for the property. He directed the
lower court TO nix the damages to be
awarded the Skeletons.
Other opinions were:'
Richard ]. Bolles, appellant. VS..
John @. Bates ct al. appeilees, appeal
from District Court of Arapahoe couh
ty; judgment affirmed Opinion By
Justice Steele.
The Town OF Manitou. appellant. vs.
the international Trust Company et
al. appellces and the Town of Manitou,
appellant, VS.. o. c. Townsend ct al,
appellees, appeal from District Court
of El Paso county; Judgment affirmed.
Opinion by Justice Steele. Chief Jus
tice Campbell not sitting.
Arthur Lord and Sherman l.. Whip
pie. administrators, appellants, VS.. n.
II. Guyot ct al, appellees; appeal from
| District Court of Pueblo county; judg
ment affirmed Opinion by Justice
| Steele.
James W. Vickers, plaintiff in error,
VS.. the People, etc. defendants In er-
ror. error 10 County Court OF Park
county; Judgment affirmed. opinion
by Justice Steele.
The People, etc, ex rel. Adolph u.
| Salomon, executor, relator, vs. the
| Court of Appeals OF the State of Colo
RADIO. respondent, original proceedings
| in certiorari. writ denied and proceed
ing dismissed. Opinion by Justice
Gabbert Chief Justice Campbell not
participating.
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