Fuller v. Swan River Placer Co.
Cases that cite this one
5 later published cases cite this decision.
- Diamond Tunnel Gold & Silver Min. Co. v. Faulkner (Colo. 1890)
- Johnston v. Geary (Utah 1934)
- Tate v. Holly (Colo. App. 1912)
- Tate v. Holly (Colo. App. 1912)
- Tanquary v. Howard (Colo. 1905)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendants below jointly prayed an appeal, which was “granted upon condition that they hie their appeal bond” within a time limited. The bond hied is not a compliance with the conditions; it is executed by a part of the defendants only. Two who joined in the prayer for the appeal do not execute the bond.
In the case of Andre v. Jones, 1 Col. 489, it was held that a joint appeal of two could not be prosecuted by one only. The statute authorizes one of several defendants to remove a cause to this court by appeal, and in such case he is permitted
This, however, does not affect the rule that a joint appeal by all the defendants, allowed upon the condition of filing a joint bond, must be prosecuted by all. Andre v. Jones, 1 Col. 489; Watson v. Thrall, 3 Gilm. 69; Johnson v. Barber, 4 Gilm. 1.
It is not necessary to notice the other objections.
The motion to dismiss is allowed.
Dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.