City of Canon City v. Manning
Supreme Court of Colorado
Error to the District Court of Fremont County. Eon. J. W. Sheaf or, Judge. Action by Frank Manning, Frank McFarlane and Engene A. Bradbnry against tbe city of Canon City, Thomas B. Conlter and David J. Houston. Prom a judgment for plaintiffs, defendants bring error.
1Opinion of the CourtJustice Gabbert
The first error assigned on behalf of defendants is that the court erred in overruling their demurrer to the complaint, which challenged the capacity of plaintiffs to bring the action. Presumably, if there was any merit in this contention, it appeared upon the face of the complaint. By answering' to the merits, the defendants waived that question. It has been repeatedly decided that where a demurrant wishes to take advantage of any supposed error in *149overruling’ a demurrer to a complaint upon grounds which, under our civil code, constitute grounds for demurrer, which appear upon the face of…
2Cases cited8 opinions
- Diamond Rubber Co. v. HarrymanSupreme Court of Colorado · 1907
- Darst v. PeopleIllinois Supreme Court · 1869
- City of Denver v. BeedeSupreme Court of Colorado · 1898
- Sams Automatic Car Coupler Co. v. LeagueSupreme Court of Colorado · 1898
- Adams v. CroninSupreme Court of Colorado · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Modern Loan Co. v. Police CourtCalifornia Court of Appeal · 1910
- Colorado State Board of Examiners of Architects v. RicoSupreme Court of Colorado · 1955
- Houston v. WaltonColorado Court of Appeals · 1912
- Springhetti v. HahnewaldSupreme Court of Colorado · 1913
- Ward v. Colorado Eastern Railroad Co.Colorado Court of Appeals · 1912
13 more not listed; retrieve them via the Exa API.