Wirt v. Peck
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. Action at law by W. O. Wirt and J. M. Roseberry against Frank G. Peck. Judgment for defendant, and! plaintiffs bring error.
1Opinion of the Court
CARLAND, District Judge.
Wirt and Roseberry brought suit in the court below against Peck to recover damages on three injunction bonds. When the case was called for trial, counsel for the defendant moved the court for judgment upon the pleadings in favor of defend*55ant. The motion was granted, and from the judgment so entered plaintiffs sued out this writ of error. The ground of the motion for judgment, briefly stated, was that the complaint did not state facts sufficient to constitute a cause of action.
We learn from the briefs of counsel that the particular defect in the complaint was that it…
2Cases cited5 opinions
- Bein v. HeathSupreme Court of the United States · 1852
- Wheeler v. TaylorOregon Supreme Court · 1898
- Smith v. AtkinsonSupreme Court of Colorado · 1893
- Thomas v. WasonColorado Court of Appeals · 1896
- Ducket v. PriceSupreme Court of Colorado · 1883