The Elk Mountain pilot., 1902-06-10
COLORADO'S CAPITAL.
Supreme Court Decisions.

| Judge Gabbert announced that there
| must be new trial on the lines laid
down by the Supreme Court. The stat
ute of limitations, he said was wise
| measure, calculated to preserve the
| peace of society, and it was an error
on the part of the lower court TO give
| judgment for Il greater sum than that
| permitted by the statute of limitations.
| The county treasurer, acting in behalf
| of the city, collected penalties and in
terest 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 remanded. 1t
| probably will result in the city's secur-
| ing the interest and penalties col
| lected by the county for the six years
prior to the establishment of the suit.
| These amount to about $4,000.
The court denied the petition of
Thomas Holland, who asked for n 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 Il. Wilson and later robbing
| him. Several assignments of error
| We're made by Holland, chief of which
| that time was not given him to pre-
pare his case, as he said he had been
| assured by the district attorney that
| a continuance would be granted and
| that the judge of the District Court
| erred in giving additional Instructions
| to the Jury after 1t hadtbeen out TWEEN
ty-four hours. The opinion stated thar
it had been shown that three doctors
4 would have testified that the symp-
| toms which Wilson described as hav-
| ing followed the alleged drugging
would not have been produced by
| drug, but held also that Holland could
| have introduced this testimony ut his
| trial. The opinion said that the action
of the trial judge can be criticised in
some particulars, but nothing was
shown which would have prejudiced
Hollands rights.
Il. a. Hockey, who was tried in San
Miguel county ON 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
| was 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
petitioned for u change of venue to
Otero county, but his petition was de-
MED. He then applied to the Supreme
Court for n 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 G. Keegan was dis
barred ON the petition of the Colorado
Bar Association. Keegan collected
money for client Mrs. Louisa Treml,
which he failed to turn over to her I'M
til after the disbarment suit had been
brought.
In the case of the Platte Land Com
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 it had already passed upon it.
The case of b. III, Dubois as trus-
tee for Catherine Skelton and Boying-
ton SHELTON against j. w. Bowles was
one of the most involved which the
court passed. Bowles had u mortgage
of $4,000 ON the SHELTON ranch. The
county offered $4,000 for the prop
erty, to be used as poor farm, but
Bowles did not accept the offer. JUS
tice Gabbert ruled that Bowles should
have allowed the sale to proceed, as
the Skeletons wished to accept this
price for the property. He directed the
lower court to fix the damages to be
awarded the Skeletons.
other opinions were:'
Richard j. Bolles, appellant, VS..
John c. Bates ct al. appellees, appeal
from District Court of Arapahoe couh-
ty; Judgment affirmed. opinion by
Justice Steele
The Town of Manitou, appellant. VS..
the international Trust Company ct
al. appellees and the Town of Manitou,
appellant, VS.. .. g. Townsend ct al,
appellees, appeal from District Court
of Ell 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.
f. Guyot ct al, appellees; appeal from
District Court of Pueblo county; judg-
ment affirmed Opinion by Justice
Steele.
James w. Nickers, plaintiff in error,
vs. the People, etc, defendants in err
ror, error to County Court of Park
county: Judgment affirmed. Opinion
by Justice Steele.
The People, etc, eX rel. Adolph u.
Solomon, 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.
The Platte Land Company, limited,
plaintiff in error, VS.. John NJ. Hub
bard, defendant in error, error to Dis
trict Court of Arapahoe county; on mo-
ton to dismiss writ of error, writ of
error dismissed. opinion by Chief
Justice Campbell, Justice Steele not
participating:
The Denver & Rio Grande Railroad
I,;, ~ in uS Alhart
Peterson, defendant in error, error to
County Court of El Paso county; judg=
ment reversed. opinion by Chief JUS
tice Campbell. Justice Steele dissent