Jones v. Bradley
Colorado Court of Appeals
Error to the District Court of Arapahoe County. ' This judgment was entered on a demurrer, and we are only concerned with the sufficiency of the complaint as a statement of a cause of action. The case is peculiar and a somewhat full statement of the pleading must be made.
Read the full summary
Error to the District Court of Arapahoe County. ' This judgment was entered on a demurrer, and we are only concerned with the sufficiency of the complaint as a statement of a cause of action. The case is peculiar and a somewhat full statement of the pleading must be made. On the death of Isaac Cooper, his wife, Sarah, was on the 7th of December, 1887, appointed administratrix of the estate, qualified and acted until September 6, 1892, when the present plaintiff was substituted. After this narration, the complaint states that Bennet was the attorney for the estate and represented both the…
1Opinion of the CourtBissell, J.
The plaintiff’s claim may be burdened with equities, and the affirmance of the judgment may result in permitting the defendants to recover an unrighteous claim, but we are unable to find in the complaint a statement of a cause of action which the plaintiff can maintain. The complaint does not state a case within any known form of equitable procedure. It is difficult to assign the action to any place in the scope of equitable practice. A judgment which has been fraudulently obtained, or which, by reason of circumstances arising subsequent to the entry, should not be permitted to stand, can…
2Cases cited2 opinions
- Baum v. HoltonColorado Court of Appeals · 1894
- Beard v. BlileyColorado Court of Appeals · 1893
3Cited by1 opinion
- Venner v. Denver Union Water Co.Arapahoe County District Court · 1902