4 Colo. App. 25 | Colo. Ct. App. | 1893
delivered the opinion of the court.
Our conclusions concerning the remedy which the railroad company selected to secure a review of the judgment of the county court render the consideration of any other matters wholly superfluous.
After this judgment was entered, the railroad company attempted to secure a review of this finding and judgment, and to that end filed a petition for a writ of certiorari under the code. In general it may be stated that the petition for the writ recited all the facts necessary to entitle them to have it issued if this remedy were available. In addition to a statement of the history of the case, the petition averred generally that no appeal lay from the county to the district court, and that they were otherwise without a speedy, plain and adequate remedy. The court issued the writ, and the papers were certified up. When the matter came on for hearing, the court dismissed the writ without entering upon any consideration of the rightfulness of the judgment, evidently proceeding on the theory that the writ had been improperly granted, and that the railroad company was not entitled to review the proceedings in this manner.
In this conclusion the district court did not err. The railroad company was not entitled to have the judgment of the county court thus reviewed. Since this is true, we need not consider the extent and character of the Iowa exemption laws, nor the question whether under any circumstances those statutes can have an extra territorial force. It is quite possible that the judgment of the justice in Iowa dismissing the writ of garnishment because the wages were exempt, may have constituted an adjudication which would be conclusive, not only upon the assignors but also upon the assignee, Howard. We are not permitted to decide this question because the case is not legitimately before us. The writ of certiorari under our practice and statute is undoubtedly designed to be what it is defined in the act — a writ of review. Its undoubted and only legitimate purpose is to enable the party who has been aggrieved by the action of some inferior tribunal to secure a reconsideration of the judgment and a reversal of that court’s findings. It cannot be issued, however, according to
Article 6 of the Constitution of Colorado establishes the judicial department of the state, designates sundry courts in which the judicial power shall be vested, and gives to them certain jurisdiction and divers powers. Among the courts established by the constitution is the county court. Its jurisdiction is well defined and its powers are adequately and fully expressed. Its judgments are, however, by that article specifically made subject to review by the supreme court of the state, likewise a tribunal established by the organic law. Section 28 of that article distinctly provides that a writ of error shall lie from the supreme court to every final judgment which the county court may render. This section is made effective by the general statutes and the practice established by the supreme court, and it is universally true that every final judgment which the county court of this state may render may be reviewed by the supreme court, if a party sees fit to
Since the action of the district court harmonizes with our conclusions as to the law, this judgment must be affirmed.
Affirmed.