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TOLAND v. STROHL

No. 19340.

364 P.2d 588 (1961)

Max TOLAND, as Justice of the Peace in and for the Town of Stratton and County of Kit Carson, Colorado, Plaintiff in Error, v. Lawrence A. STROHL, Defendant in Error.

Supreme Court of Colorado. En Banc.

September 5, 1961.

Attorney(s) appearing for the Case

Richard D. Thomas, Burlington, Leo W. Rector, Jerry Alan Donley, Richard W. Hanes, Colorado Springs, for plaintiff in error.

Andrew H. Hitchcock, Dwight K. Shellman, Jr., Denver, for defendant in error.

DOYLE, Justice.

This action is before us on a writ of error to the district court wherein Strohl sought and obtained extraordinary relief under Rule 106 from an adverse judgment of Toland, as justice of the peace. The district court ruled that Toland was without jurisdiction to hear the case. Toland seeks review.

Strohl was involved in an automobile accident shortly before midnight on May 10, 1959, on U. S. Highway 24, East of Vona in Kit Carson County, Colorado...

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