Milsap v. Stone
Supreme Court of Colorado
Appeal from District Court, Arapahoe County. Elizabeth Stone brought ejectment against William Milsap, to recover the possession of lots 15 and 16, in block 22, in the east division of the city of Denver. One trial was had, and the judgment set aside upon payment of costs. Thereafter, Edward Chase and Ellen P. Heatley, and several infant heirs of Francis P. Heatley, deceased, were admitted to defend with the said Milsap.
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Appeal from District Court, Arapahoe County. Elizabeth Stone brought ejectment against William Milsap, to recover the possession of lots 15 and 16, in block 22, in the east division of the city of Denver. One trial was had, and the judgment set aside upon payment of costs. Thereafter, Edward Chase and Ellen P. Heatley, and several infant heirs of Francis P. Heatley, deceased, were admitted to defend with the said Milsap. Upon the second trial, plaintiff gave in evidence a deed dated March 7, 1866, from Frank Ripley and Phebe, his wife, conveying the lots mentioned, to plaintiff. She also…
1Opinion of the CourtBedford, J.
The first error assigned is the admission of the appellee as a witness in her own behalf. It is only necessary to say that no objection was made until after she was sworn. This was too late, the rule being that objection to the competency of witnesses must be made as soon as the opportunity to present it occurs, and failure to make it, at that time, must be considered as a waiver. Donaldson v. Taylor, 8 Pick. 390; Snow v. Batchellor, 8 Cush. 513; 1 Starkie on Ev., §§ 123-4.
It is further objected that the appellee’s claim of title in fee set out in the declaration is not sustained by the…
2Cases cited3 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Keane v. CannovanCalifornia Supreme Court · 1863
- Wheelock v. WarschauerCalifornia Supreme Court · 1863
3Cited by7 opinions
- Norris v. BradshawSupreme Court of Colorado · 1932
- Parker v. HilliardSupreme Court of Colorado · 1940
- McCracken v. Citizens National BankSupreme Court of Colorado · 1926
- Gilmour v. Hawley Merchandise Co.Colorado Court of Appeals · 1912
- Gilmour v. Hawley Merchandise Co.Colorado Court of Appeals · 1912
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