Craig v. Chandler
Supreme Court of Colorado
Error to District Court of Arapahoe County. The bill of complaint filed by Chandler in this suit alleged a copartnership agreement, entered into in April, 1867, between Craig, the plaintiff in error, Chandler and H. L. Thayer, in the saw-mill business; that Craig was to put $6,000 into the business; Thayer and Chandler each $3,000. Craig to have half, and Chandler and Thayer each one quarter of the profits. Partnership to continue five years.
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Error to District Court of Arapahoe County. The bill of complaint filed by Chandler in this suit alleged a copartnership agreement, entered into in April, 1867, between Craig, the plaintiff in error, Chandler and H. L. Thayer, in the saw-mill business; that Craig was to put $6,000 into the business; Thayer and Chandler each $3,000. Craig to have half, and Chandler and Thayer each one quarter of the profits. Partnership to continue five years. Chandler and Thayer to have $1,200 each a year for their time. Craig to pay a note in St. Louis of $3,100 for the mill, and furnish the timber. Chandler…
1Opinion of the CourtHelm, J.
This action was brought and determined in the court below prior to the adoption of our present system of civil procedure. Our consideration thereof must, therefore, be had under the rales of pleading and practice as they then existed.
There is no doubt but under that practice the general rule was that a defendant in equity could not obtain affirmative relief against the complainant except upon a cross-bill containing the necessary averments. There may be doubt as to whether a defendant might not have obtained such relief .against .a co-defendant without a cross-bill. *547But we are not called upon…
2Cases cited5 opinions
- Livingston v. LivingstonNew York Court of Chancery · 1817
- Wells v. StrangeSupreme Court of Georgia · 1848
- Tennison v. TennisonSupreme Court of Missouri · 1870
- Havens v. Hartford & New Haven RailroadSupreme Court of Connecticut · 1857
- Bell v. CunninghamU.S. Circuit Court for the District of Massachusetts · 1831
3Cited by6 opinions
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1920
- Anderson v. Scandia Mining SyndicateSouth Dakota Supreme Court · 1910
- Hamilton v. Terry Furniture & Loan Co.Supreme Court of Alabama · 1921
- Continental Divide Mining Investment Co. v. BlileySupreme Court of Colorado · 1896
- Hamilton v. Terry Furniture & Loan Co.Supreme Court of Alabama · 1921
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