[DOWNLOAD] "City and County of Denver v. Talarico" by Colorado Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: City and County of Denver v. Talarico
- Author : Colorado Supreme Court
- Release Date : January 14, 1936
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
It is contended that since an order of removal is final as to the party removed, hence appealable, an order denying removal is final as to the complainant, hence appealable, otherwise the litigants are not given equal consideration. But appealability depends on the effect of the order, not on the litigant. Clearly such an order would always be res judicata in the first instance because administrator or conservator is out and another in his place and as to him the matter is closed. Just as clearly it might not be in the second because administrator or conservator might still be removed. Hence, because an order granting relief is final it does not follow that an order denying relief is equally so. The answer depends not upon the parties but upon their status after the order is entered. When a sentence of death is about to be executed an executive order staying it is not final, the man may still die; but an order refusing a stay is final, the man is dead.
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