Reports of the Decisions of the Court of Appeals of the State of Colorado, Volume 6Banks & Brothers, 1896 |
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Results 1-5 of 82
Page 7
... errors . The first : That the court erred in denying appellants ' motion for leave to plead the repealed statute of limitations of three years . The second to the fifth , both inclusive , are specific allegations of error in the ...
... errors . The first : That the court erred in denying appellants ' motion for leave to plead the repealed statute of limitations of three years . The second to the fifth , both inclusive , are specific allegations of error in the ...
Page 17
... error . This may be very briefly disposed of . Unless the alleged agreement con- tended for by Michael was clearly established beyond contro- versy , it was inadmissible for any purpose . It was not made to , nor the property of , the ...
... error . This may be very briefly disposed of . Unless the alleged agreement con- tended for by Michael was clearly established beyond contro- versy , it was inadmissible for any purpose . It was not made to , nor the property of , the ...
Page 18
... errors assigned as numbers 9 and 15. In each the defendant Michael was incompetent to testify in regard to the matters asked . The only other assignment of error that need be discussed is the fourth . On the 25th of February , 1893 ...
... errors assigned as numbers 9 and 15. In each the defendant Michael was incompetent to testify in regard to the matters asked . The only other assignment of error that need be discussed is the fourth . On the 25th of February , 1893 ...
Page 20
... error sufficiently serious to warrant a reversal appears in the record . Several good reasons could be given why the defense of Michael should not have prevailed . If such con- tract existed , he had ample time and opportunity to ...
... error sufficiently serious to warrant a reversal appears in the record . Several good reasons could be given why the defense of Michael should not have prevailed . If such con- tract existed , he had ample time and opportunity to ...
Page 21
... ERROR - AMENDMENTS . The allowance of an amendment to a pleading which does not affect some substantial right of the party complaining does not constitute reversible error . 3. PRACTICE . If a party conceives that he will be harmed by ...
... ERROR - AMENDMENTS . The allowance of an amendment to a pleading which does not affect some substantial right of the party complaining does not constitute reversible error . 3. PRACTICE . If a party conceives that he will be harmed by ...
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Common terms and phrases
adjudged affirmed agent agreement alleged amount answer appellant appellee application Arapahoe County assignment attachment authority bank bill board of county bond brought canal cause of action Chaffee County claim Colo Colorado complaint construction contract corporation counsel county commissioners county court Court of Arapahoe court of equity creditors damages debt decree deed defendant delivered the opinion demurrer Denver discharge district court ditch entitled established evidence executed fact filed garnishee injury instruction issued judgment jurisdiction jury La Plata County land Larimer County liability lien matter mechanic's lien ment mortgage negligence owner paid parties payment person Pitkin County plaintiff in error pleading possession proceedings proof Pueblo County purchase question Railroad reason record recover rendered respecting reversed sealed verdict statement statute suit sustained testified testimony tion trial trust verdict void water rights writ
Popular passages
Page xxvii - He prayeth well, who loveth well Both man and bird and beast. He prayeth best, who loveth best All things both great and small; For the dear God who loveth us, He made and loveth all.
Page 138 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 474 - This agreement, made and entered into this day of 1907, between OI Peterson, party of the first part, and Alpheus C. Miller, party of the second part : Witnesseth, That whereas, the party of the first part is the owner...
Page 141 - STORY delivered the opinion of the Court. This is a writ of error to the circuit court of the district of Kentucky.
Page 244 - The right accrues from appropriation; this appropriation is the intent to take, accompanied by some open, physical demonstration of the intent and for some valuable use.
Page 476 - Instrument as free and voluntary act, for the uses and purposes therein set forth. Given under my hand and seal, this day of AD 19—.
Page 536 - ... in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 391 - When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called, and if all do not appear, the rest must be discharged without giving a verdict. In that event, the cause may be again tried, at the same or another term.
Page 94 - But, if there is no appearance of the defendant, and no service of process on him, the case becomes, in its essential nature, a proceeding in rem, the only effect of which is to subject the property attached to the payment of the demand which the court may find to be due to the plaintiff.
Page 426 - All laws relating to courts shall be general and of uniform operation; and the organization, jurisdiction, powers, proceedings and practice of all courts of the same class or grade, so far as regulated by law, and the force and effect of the process, judgments and decrees of such courts, severally, shall be uniform.