Legal Opinion

Gutshall v. Kornaley

Supreme Court of Colorado

Decided September 15, 1906No. 5155; No. 2735 C. APublishedCited by 7 opinions

Appeal from the District Court of Oura/y County. Hon. Theron Stevens, Judge. Action by S. P. Gutshall against H. A. Kornaley, S. C. Stevens et al. From a judgment sustaining demurrers to the complaint and to- a cross-compláint, plaintiff and defendant Stevens appeal.

1Opinion of the CourtJustice Campbell

The plaintiff Gutshall in his complaint, and the defendant Stevens in his cross-complaint, or counterclaim, contained in his answer, respectively- seek to establish and foreclose a lien upon certain premises in the city of Ouray for materials which were furnished and used in the alteration and construction of a building situate upon premises of which defendant Effie Golden was in possession under a contract with the record owner, defendant Kornaley. Kornaley’s demurrers to Gutshall’s complaint and to Stevens’ cross-complaint on the ground that they did not state facts sufficient to constitute…

2Cases cited3 opinions

  1. Grace v. Oakland Building Ass'nIllinois Supreme Court · 1897
  2. Johnston v. Harrington & SmithWashington Supreme Court · 1892
  3. Sautter v. McDonaldWashington Supreme Court · 1895

3Cited by7 opinions

  1. Kirby v. Union Pacific Railway Co.Supreme Court of Colorado · 1911
  2. Hall v. CudahySupreme Court of Colorado · 1909
  3. Van Kleeck-Bacon Investment Co. v. ClarkSupreme Court of Colorado · 1919
  4. Crandall Realty & Securities Co. v. TanquaryColorado Court of Appeals · 1912
  5. Shelden v. Platte Valley Savings ex rel. Resolution Trust Corp.Colorado Court of Appeals · 1990

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