33 Colo. 66 | Colo. | 1904
delivered the opinion, of the court.
The district court clearly has jurisdiction of the cases in so far as they are based upon the claim that the judgments of the county court were obtained through the fraud and conspiracy of the parties to the action in that tribunal. Whether or not the district court has authority to direct the canvassing board which of the returns from Primero precinct shall be canvassed and certificates of election issued accordingly, is a question which we do not deem it necessary to undertake to determine at this time. The writ of prohibition is a discretionary one. The petitioners, at least tacitly, conceded that the county court had jurisdiction to determine which of the returns from Primero precinct should be canvassed by the ¿lection commission. In such circumstances, they certainly ought not to be heard to appeal to this court to prevent another tribunal from assuming jurisdiction over a matter which they themselves conceded could be exercised by the county court. If the judgment of the district court shall be erroneous for any reason, either for want of jurisdiction or on account of errors committed in the trial of the causes, it does not appear that the petitioners have not a plain, speedy and adequate remedy by appeal or writ of error. The petition for writ of mandamus filed in- the district court states a cause of action of which that court has jurisdiction. The attempt, in the answer, to set up matters
The writ of prohibition is denied, and the proceeding dismissed.
Steele, J., dissents.,