The Lamar register., 1902-06-11
COLCRADO'S CAPITAL.
Supreme Court Decisions.


of Denver against the county commits
sioners OF Arapnhoe county for the
interest on delinquent taxes since 1887
Judge Gabbcrt announced that there
must be Il new trial on the lines laid
down by the Supreme Court. The stat
ute of limitations, he said, WAS Il wise
measure, calculated to preserve the
peace of society, and it was an error
OH 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 i'll behalf
of the city, collected penalties and ill.,
terest upon the principal due the city
and the money should have been paid
to the city. Having been paid 10 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 S3J,0Oo.
The court denied the petition of
Thomas Holland, who asked for re-
hearing of his case. The ease was re-
viewed at length. Iiollapd was sent
to the pcuitCntiary on the charge or
administering knockout drops to
Charles +. Wilson and later robbinS
him. Several assignments Of error
were made by Holland, chief of which
that time was not given him 10 pre-
pare Ills case, as lie said he had been
assured by the district attorney that
continuance would be granted and
that the judge of the District Court
erred II giving additional instructions
TO the jury after ii had been out TWEEN
ty-four hours. The opinion stated that
1t had been shown that three doctors
would lave testified that the symp-
toms which Wilson described as nav
ing followed the alleged druggins
would not have been produced by II
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 preJudiccd
Hollands rights.
Il. a. Hockey, who was tried i'll San
Miguel county on II charge of assault
to kill, secured II new trial. He said
that hc had not been given time to pre-
pare his case.
All Important point in divorce law
WAS decided when the Supreme Court
ruled that the Lackcy divorce case
must be tried in OterO county. RoD-
ert I.ackry was sued Tor divorce in the
Arapahuc county District Court. lie
petitionrd for change of venue to
Otero county, but his petition was de-
MED. lie then applied to the supreme
Court for Il writ of prohibition, Whlcn
was granted. The District Court was
ordered to take no further action in
the case except to vacatc the orders
for sui money and temporary alimony.
A, Inln IL dis
barred on the petition of the Colorado
Bar Association. Keegan collected
money for Il client, Mrs. Louisa Treml,
which he failed to turn over TO her uiI-
Ill after the disbarmcnt 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.
Tie case of b. IL. Dubois as trus-
tor for Catherine Shelton and Boying-
ton SHELTON against j. w. Bowles was
one of the most involved which the
court passed. Bowlcs had Il mortgage
OF $4,000 on the Skelton ranch. The
county offered $4,000 for the prop
cry. to be used as poor farm, but
Buwles did not accept the offer. JUS
tie" Gabbert ruled that Bowles should
have allowed the sale 10 proceed. as
the Skeletons wished TO accept this
price for the property. He directed the
lower court to Tx the damages TO be
awarded the Skeletons.
Olher opinions WERE
Richard j. Bolles, appellant. VS..
John e. Bates ct al appcllecs, appeal
from District Court of Arapahoe couh-
ty; judgment affirmed. Opinion by
Justice Steele.
Tie Town of AIantou, appellant, VS..
the International Trust Company ct
nI appcllees and the Town of Manitou.
appellant, VS.. .. q. Townsend ct al,
apprllees, appeal from District Court
OF III Paso county; judgment affirmed
opinion by Justice Steele. Chief JUS
tico Campbell not sitting.
Arthur Lord and Sherman l.. Whip
pie. administrators, appellants, VS.. n.
l.. Guyot ct al, appcllees; appeal from
District Court of Pueblo county; juds-
mcut affirmed. Opinion by Justice
Steele.
.EInes w. Nickcrs, plaintiff in error,
VS.. The People, etc, defendants in er-
ror, error TO County Court of Park
county: judgment affirmed. Opinion
by Justice Steele.
Tie People, etc, eN rel. Adolph u.
SalumOn, executor, relatOr, VS.. the
Court of Appeals of the State of Colo
rndo, respondent, original proceedings
III crrtiorari, writ denied and proceed
iug dismissed. Opinion by Justice
Gahhert. Chief Justice Campbell not
participating.
The Platte Land Company, limited,
plaintiff in error, VS.. John NJ. Hub
bard defendant in error, error to Dis
tricI Court of Arapahoc county; on mo
tlou 10 dismiss writ of error, writ of
error dismissed. Opinion by CHIEF
Justice Campbell, Justice Steele not
participating.
The Denver * Rio Grande Railroad