Union Pac. R'y Co. v. De Busk
Supreme Court of Colorado
Appeal from District Court of Jefferson County. This was an action instituted by appellee (plaintiff below) against, appellant (defendant below) to recover the value of a quantity of hay of which plaintiff claimed to be the owner, and which was alleged to have been set on fire and burned by the operation of defendant’s locomotive and cars through the premises where said hay was being put up; the fire being communicated from the locomotive to the growing grass, and thence to…
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Appeal from District Court of Jefferson County. This was an action instituted by appellee (plaintiff below) against, appellant (defendant below) to recover the value of a quantity of hay of which plaintiff claimed to be the owner, and which was alleged to have been set on fire and burned by the operation of defendant’s locomotive and cars through the premises where said hay was being put up; the fire being communicated from the locomotive to the growing grass, and thence to the hay. The defendant moved to quash the service of the sum-\ mons on the ground that one Armor, upon whom the same was…
1Opinion of the CourtJustice Elliott
The early decisions in this state have been uniform to the effect that by a general voluntary appearance all objections to the summons and return thereof, and to the jurisdiction of the court over the person of the defendant, are waived; and that the filing of a demurrer or answer to the complaint constitutes such an appearance. Jones v. Stevens, 1 Colo. 67; Creighton v. Kerr, id. 509; Wyatt v. Freeman, 4 Colo. 14; Smith v. District Court, id. 235. The code of 1877 contains the following provisions, which have remained unchanged since that date: “ Sec. 46. From the time of the service of the…
2Cases cited14 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Cooper v. AdamsMassachusetts Supreme Judicial Court · 1850
- Lyman v. MiltonCalifornia Supreme Court · 1872
- Denver & Rio Grande R'y Co. v. HendersonSupreme Court of Colorado · 1887
9 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Hill v. DeWittSupreme Court of Colorado · 2002
- Wadsworth v. Union Pacific Ry. Co.Supreme Court of Colorado · 1893
- Platte & Denver C. & M. Co. v. DowellSupreme Court of Colorado · 1892
- Gremillion v. Louisiana Public Service CommissionSupreme Court of Louisiana · 1937
- Garnet Ditch & Reservoir Co. v. SampsonSupreme Court of Colorado · 1910
45 more not listed; retrieve them via the Exa API.