Campbell v. Los Angeles Gold Mine Co.

Supreme Court of Colorado
Campbell v. Los Angeles Gold Mine Co., 28 Colo. 256 (Colo. 1901)

Campbell v. Los Angeles Gold Mine Co.

Opinion of the Court

Per Curiam.

On the merits, the sole question in this case relates* to the validity of that part of the section of the Lien Act which provides that in all suits for the forclosure of a mechanics’ lien, in case plaintiff obtains a judgment, attorneys’fees shall be taxed as costs. Sec. 18, p. 325, Session Laws 1893. The court of appeals in this case — Los Angeles Gold Mining Co. v. Campbell. 13 Colo. App., 1; 56 Pac. Rep. 246, held that such provision was unconstutional. Since that opinion was handed down, this court, in the case of Davidson v. Jennings, 27 Colo., 187; 60 Pac. Rep. 354, has reached the same conclusion. The constitutionality of the portion of the act in question is, therefore, no longer a debatable question; and as no other is involved which gives this court jurisdiction the writ of error must be dismissed for want of jurisdiction, and it is so ordered.

Writ dismissed.

Reference

Full Case Name
Campbell v. The Los Angeles Gold Mine Co.
Cited By
1 case
Status
Published