Campbell v. Los Angeles Gold Mine Co.
Cases that cite this one
1 later published case cites this decision.
- Pacific Mutual Life Insurance v. Van Fleet (Colo. 1910)
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
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.