Equitable Securities Co. v. Johnson
Supreme Court of Colorado
Error to the District Court of Montrose County, lion. Theron Stevens, Judge. Action by The Equitable Securities Company against Austin B. Johnson and The Iron-Stone Ditch Company. From a judgment for defendants, plaintiff brings error.
1Opinion of the CourtJustice Gunter
This was an action to foreclose a lien upon certain ditch stock. It went off in favor of defendants upon a motion for judgment upon the pleadings. The answer consisted, in effect, of a denial of the material allegations of the complaint, and a plea of the statute of limitations. *
With .the pleadings SO' framed, the motion for judgment upon the pleadings presented two questions : The sufficiency of the- facts stated in the complaint to constitute a cause of action, and the sufficiency of the plea of the statute of. limitations. Such are the questions here. The following are the facts stated in…
2Cases cited4 opinions
- Weber v. BullockSupreme Court of Colorado · 1893
- Murto v. LemonColorado Court of Appeals · 1904
- Home v. DuffSupreme Court of Colorado · 1880
- Moynahan v. PerkinsColorado Court of Appeals · 1902
3Cited by7 opinions
- Young v. New Pedrara Onyx Co.California Court of Appeal · 1920
- Leedham v. LeedhamSupreme Court of Iowa · 1934
- Mitchell v. BeachySupreme Court of Kansas · 1919
- Shires v. AllenSupreme Court of Colorado · 1910
- Knighton v. HowseSupreme Court of Colorado · 1968
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