DocketNumber: No. 4177
Citation Numbers: 30 Colo. 407
Judges: Campbell
Filed Date: 9/15/1902
Status: Precedential
Modified Date: 7/20/2022
delivered' the opinion of the court.
This is a writ of error to a judgment of a district court imposing a penalty for a contempt of court purely civil in character. The settled doctrine in this state is that a writ of error is the proper method of procedure for investigating contempts. Wyatt v. The People, 17 Colo., 252. Appellate jurisdiction in civil actions is now governed by the court of appeals act passed in 1891, except as to writs of error from the supreme to the county court. According to its provisions, no writ of error from, or appeal to, the supreme court will lie unless the final judgment sought to be reviewed exceeds $2,500, or in replevin the value found exceeds that sum, or where the matter in dispute involves a franchise or a freehold, or where a provision of the federal or state constitution is fairly debatable and is necessary to a determination of the case.
Of the contempt cases reviewed on writ of error by this court, all occurred, and were under statutes
In the case in hand the errors assigned and argued merely go to the insufficiency of the evidence to sustain the finding that a contempt was committed. No claim is made that any of the statutory requirements above referred to has been met. The contempt is civil. Doubtless plaintiffs in error sued out their writ on the strength of the Shore case, which, if judged solely by what appears in the opinion, would warrant such reliance. The action of this court therein was wrong unless, as already stated, the constitutional question was present. We avail ourselves of •this, the first, opportunity we have had after the opinion in that case was published to announce for this court in reviewing civil contempts the same rule that applies to its review, by writ of error, of other final judgments in civil actions. Although, when the necessary jurisdictional fact appears, the supreme court may, by a writ of error, review final judgments
The writ of error is dismissed for want of jurisdiction.
Writ of Error Dismissed.