Hamill v. Ashley
Supreme Court of Colorado
Appeal from Superior Court of Denver. This was an action to recover for certain services rendered in surveying certain lands. The action was commenced against the said William A. Hamill by the said John K. Ashley and one Peter O’Brien, as partners. It was tried to the court.
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Appeal from Superior Court of Denver. This was an action to recover for certain services rendered in surveying certain lands. The action was commenced against the said William A. Hamill by the said John K. Ashley and one Peter O’Brien, as partners. It was tried to the court. At the close of the evidence for plaintiffs there, a motion for nonsuit was made by appellant, for the reason that from the evidence it appeared that the said plaintiffs were not partners, and that said Ashley was the real party interested in the action; whereupon the court granted an amendment of the complaint by…
1Opinion of the Court
Stallcup, C.
Section 18 of our Code of Civil Procedure provides that the court may, in furtherance of justice, amend any pleading by adding or striking out the name of any party, or by correcting a mistake in any ■ other respect. Section 81 provides that the court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the parties, and that no judgment shall be affected or reversed by reason thereof. The order for the said amendment, and the denial of the said motion for nonsuit, were warranted by these…
Also in this document: Per curiam.
2Cases cited1 opinion
- Higgins v. ArmstrongSupreme Court of Colorado · 1885
3Cited by4 opinions
- Durkee v. ConklinColorado Court of Appeals · 1899
- Haviland v. MayfieldSupreme Court of Colorado · 1906
- Ungerleider v. EwersOhio Court of Appeals · 1925
- Durkee v. ConklinColorado Court of Appeals · 1899