Interstate Land & Town Co. v. Patton
Supreme Court of Colorado
Error: to the District Court of Pueblo County. Suit was commenced by defendant in error as plaintiff in the district court on the 30th day of September, 1889. On that day a complaint was filed, a summons and writ of attachment issued. The summons and writ of attachment were both served two da3'S later.
Read the full summary
Error: to the District Court of Pueblo County. Suit was commenced by defendant in error as plaintiff in the district court on the 30th day of September, 1889. On that day a complaint was filed, a summons and writ of attachment issued. The summons and writ of attachment were both served two da3'S later. A motion to quash the sheriff’s return upon the summons was filed October 21st. The record does not show what disposition was made of this motion, but the record does show that the defendant filed a demurrer on October 26th, which was overruled the same day. An answer was filed December 10th.…
1Opinion of the CourtChief Justice Hayt
There are but two errors relied upon in this court. The first is based upon the following language of section 3 of the amendments of 1889 to the Code of Civil Procedure, viz.:
“ The defendant may, within ten days after the service of the notice in writing upon himself or attorney that a replication has been filed, demur to the same for insufficiency, or to any part thereof, or may move to strike out the same or any part thereof, for any cause which may exist therefor.” Session Laws, 1889, page 73.
In this instance the trial was set for a day within the ten days allowed the defendant to demur or…
2Cases cited1 opinion
- Jordan v. PeopleSupreme Court of Colorado · 1894
3Cited by4 opinions
- Rudolph v. SmithColorado Court of Appeals · 1903
- Post Printing & Publishing Co. v. ShafrothSupreme Court of Colorado · 1912
- Horne v. RedmanSupreme Court of Colorado · 1920
- Rudolph v. SmithColorado Court of Appeals · 1903