Kirtley v. Marshall Silver Mining Co.

Supreme Court of Colorado
Kirtley v. Marshall Silver Mining Co., 4 Colo. 111 (Colo. 1878)

Kirtley v. Marshall Silver Mining Co.

Opinion of the Court

Per Curiam.

In this cause, a demurrer was interposed to the bill, which, by stipulation of parties, was heard in vacation. The demurrer was sustained, and the complainants failing to plead over, a decree dismissing the bill was entered up in vacation. This was error. In vacation, under the old system of practice, the judge had no authority to render the decree. The court alone had power to hear and determine the issue raised by the demurrer. To hold' that the decree is valid would be to assert that parties may *112confer j urisdiction by consent, which cannot be admitted. Filley v. Cody, ante, p. 109.

The decree is reversed and the cause remanded for further proceedings.

Reversed.

Reference

Full Case Name
Kirtley v. Marshall Silver Mining Company
Cited By
3 cases
Status
Published