Watson v. Lemen
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. This action was originally begun in the county court by appellee, against appellants, to recover the principal' and interest claimed to be due upon two promissory notes executed by the latter in favor of the former. These notes were set out in haec verba in the complaint, and the complaint further averred that they were due and unpaid.
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Appeal from District Court of Arapahoe County. This action was originally begun in the county court by appellee, against appellants, to recover the principal' and interest claimed to be due upon two promissory notes executed by the latter in favor of the former. These notes were set out in haec verba in the complaint, and the complaint further averred that they were due and unpaid. Defendants answered, denying the genuineness and due execution of the notes, and also denying that the notes were due. A trial before the county court resulted in judgment for plaintiff, whereupon defendants…
1Opinion of the CourtHelm, J.
Under the statute, in order to present issues upon the genuineness and due execution of the instruments copied into the complaint, the answer should have been verified. Therefore, in so far as these issues are concerned, the ruling of the district court was unquestionably right. Bat the answer also denies that the notes were due, and the only question presented to us for consideration is the effect of this denial. The failure to verify the answer, the complaint being unverified, only estopped defendants from attacking the genuineness and due execution of the notes in controversy. The statute…
2Cases cited8 opinions
- McKyring v. . BullNew York Court of Appeals · 1857
- Frisch v. CalerCalifornia Supreme Court · 1862
- Burnett v. StearnsCalifornia Supreme Court · 1867
- Alden v. CarpenterSupreme Court of Colorado · 1883
- Davanay v. EggenhoffCalifornia Supreme Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stevenson v. LordSupreme Court of Colorado · 1890
- Rocky Mountain Seed Co. v. McArthurSupreme Court of Colorado · 1928
- Olson v. HarveySupreme Court of Colorado · 1920
- Gale v. JamesSupreme Court of Colorado · 1888
- Jackson v. GreenSupreme Court of Oklahoma · 1903
3 more not listed; retrieve them via the Exa API.