30 Colo. 8 | Colo. | 1902
delivered the opinion of the court.
. This is an original proceeding in certiorari instituted by relator for the purpose of bringing here for review the judgment of the court of appeals rendered in the case of Salomon v. Martin, 67 Pac. Rep. 25. Relator bases his right to such review upon two grounds: (1) The court of appeals rendered a judgment in the cause mentioned without its jurisdiction; (2) that in rendering such decision, it refused to be guided or controlled by the law applicable to the case as declared in the previous decisions of this court. Relator, with others, originally brought an action in the district court of El Paso county for the purpose of establishing a vendor’s lien upon certain real estate superior to any lien on the same premises of those against whom the action was commenced. The trial court held that the parties bringing the action were not entitled to the lien claimed, and this judg
It is urged that the court of appeals refused to be guided or controlled by the law as laid down in the prior decisions of this court, because in view of the fact that the parties to the action treated the contract as one of sale, the court was bound by that construction. In support of this proposition we are cited to St. L. & D. L. & M. Co. v. Tierney, 5 Colo.,
The writ is denied, and' proceedings dismissed.
Writ denied.
Campbell, O. J., not participating.