Rawlings v. Casey

This was an adverse suit. Judgment for plaintiff.

1. The complaint does not aver that the adverse claim was filed in the land office within sixty days from the commencement of publication of notice of application for patent. It is said that in this the complaint fails to state facts sufficient' to constitute a cause of action.

We have decided such averment unnecessary to the complaint stating a cause of action. — Pa. Min. Co. v. Bales, 18 Colo. App. 108, 70 Pac. 444.

2. The court below dismissed the ease for violation of one of its rules. Later, upon hearing, it reinstated the case. This is…