Legal Opinion

Enright v. Midland Sampling & Ore Co.

Supreme Court of Colorado

Decided April 15, 1905No. 4563PublishedCited by 9 opinions

Appeal from the District Court of El Paso County: Hon. Louis W. Cunningham, Judge. Appellant, as plaintiff, brought an action against appellee, as defendant, and also The Colorado Midland Terminal Railway Company, to recover possession of a tract of real estate, and damages for tbe alleged wrongful detention thereof. Such proceedings were had after the issues were formulated and a trial on the merits commenced, that plaintiff asked and obtained leave to amend his complaint.

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Appeal from the District Court of El Paso County: Hon. Louis W. Cunningham, Judge. Appellant, as plaintiff, brought an action against appellee, as defendant, and also The Colorado Midland Terminal Railway Company, to recover possession of a tract of real estate, and damages for tbe alleged wrongful detention thereof. Such proceedings were had after the issues were formulated and a trial on the merits commenced, that plaintiff asked and obtained leave to amend his complaint. Instead of amending, he filed an amended complaint. To this pleading a demurrer was interposed and sustained. Again…

1Opinion of the Court

. Chief Justice Gabbert

delivered the opinion of the court.

By taking leave to, and filing an amended complaint, the plaintiff waived any error committed by the court in sustaining the demurrer to the first amended complaint. — Perrigo G. M. & T. Co. v. Grimes, 2 Colo. 651; Heaton v. Myers, 4 Colo. 59; Hurd v. Smith, 5 Colo. 233; Rockwell v. Holcomb, 3 Colo. App. 1.. For this reason, the alleged error of the court in sustaining the demurrer cannot be reviewed here. There are exceptions to this rule, but on the questions presented by this ease, it does not fall within any of such exceptions.

The…

2Cases cited6 opinions

  1. Kindel v. Beck & Pauli Lithographing Co.Supreme Court of Colorado · 1893
  2. Hurd v. SmithSupreme Court of Colorado · 1880
  3. Heaton v. MyersSupreme Court of Colorado · 1878
  4. Rockwell v. HolcombColorado Court of Appeals · 1892
  5. Bush v. McMannColorado Court of Appeals · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Board of Com'rs v. Home Savings BankCourt of Appeals for the Eighth Circuit · 1912
  2. Deutsch v. RohlfingColorado Court of Appeals · 1912
  3. Sholes v. Citizens State BankSupreme Court of Colorado · 1927
  4. Henry v. Montezuma Water & Land Co.Supreme Court of Colorado · 1913
  5. King v. MilnerSupreme Court of Colorado · 1917

4 more not listed; retrieve them via the Exa API.

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