Schafer v. Hegstrom
Schafer v. Hegstrom
Opinion of the Court
This is an appeal taken from the judgment of a county court in a suit under the forcible entry ánd detainer act. Appellee moves to dismiss because of want of jurisdiction in this court over the subject-matter of the action. Prior to 1885, an appeal would not lie from a county court judgment in proceedings of this character, to the supreme court. Section 17 of the statute then in force provided that “Appeals and writs of error to the supreme court from the judgments of the district court, and writs of error to the judgment of any county court in proceedings of this character, shall be allowed as in other cases.” — Gen. Stats., p. 505; Brandenburg v. Reithman, 7 Colo. 324.
At the legislative session of 1885, the entire forcible entry and detainer statute was amended and reenacted, and it was therein provided that “appeals and writs of error to the supreme court from the judgment of the district, county or superior courts of this state in proceedings under this act, shall be allowed as in other cases.”- — -Laws 1885, p. 230, sec. 22,- Mills’ Ann. Stats., sec. 1992.
The evident intent and purpose of this section as amended was to invest the supreme court with jurisdiction of such cases on appeal. Theretofore, the court could review judgments of county courts in proceedings under this statute only on error. Thereafter, it could review them on appeal. By legislative act, approved and taking effect April-6,1891, the court of appeals was created, and it was invested with jurisdiction “to review the final judgments of inferior courts of record in all civil
It must be conceded, and appellee does not attempt to deny, that at this time by virtue of this statute this court had jurisdiction to review on appeal the final judgment of a county court in a suit arising under the forcible entry and detainer act. At this same session of the legislature, however, and on April 13, 1891, an act was passed and went into effect amending section 22 of the forcible entry and detainer statute, by substituting another section therefor. — Laws 1891, p. 228; 3 Mills’ Ann. Stats., sec. 1992. In this amended section, it was still provided that appeals and writs of error to the supreme court would -lie, as under the statute before amendment, and it was not specifically provided that such appeals or writs of error would lie to the court of appeals, — this court was not. named. By reason of this, the latest expression of the legislative intent, it is contended that this court is without jurisdiction. Appellee insists that the case as presented is identical with that of an action under the divorce act, in which it has been held, both by this court and by the supreme court, that this court was without jurisdiction to review the final judgment. — Mercer v. Mercer, 13 Colo. App. 237; Mercer v. Mercer, 27 Colo. 216.
We think counsel are in error in both contentions. The 1891 amendatory act of the forcible entry and detainer statute does not undertake to provide a different and complete form of procedure in such cases. That portion of it which provides for a review of the
Counsel cite us to the opinion in Reynolds v. Larkins, 10 Colo. 126, in which it was said: ‘ ‘ The forc
The motion to dismiss the appeal will be denied. ■
Motion denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.