Kirtley et al. v. Marshall Silver Mining Company

Kirtley et al. v. Marshall Silver Mining Company. Under the old system of practice, tlie judge liad no authority to render a decree in vacation. Appeal from District Court of Clear Creek County. Messrs. Post & Coulter, for appellants. Mr. W. R. Corsline and Mr. W. S. Rockwell, for appellee. [MAJORITY — Per Curiam.] Per Curiam. In this cause, a demurrer was interposed to the bill, which, by stipulation of parties, was heard in vacation. The demurrer was sustained, and the complainants failing to plead over, a decree dismissing the bill was entered up in vacation. This was error. In vacation, under the old system of practice, the judge had no authority to render the decree. The court alone had power to hear and determine the issue raised by the demurrer. To hold' that the decree is valid would be to assert that parties may confer j urisdiction by consent, which cannot be admitted. Filley v. Cody, ante, p. 109. The decree is reversed and the cause remanded for further proceedings. Reversed.