Stanbury v. Kerr
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. This was an action upon a bond given by Amanda J. Troutt as principal, and Kerr as surety, upon an appeal from a judgment in a justice’s court in an action of unlawful detainer, and also to recover the moneys received by the surety from the principal in the bond, to be paid, as was contended, to the plaintiff. Default was entered against Amanda J. Troutt.
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Appeal from District Court of Arapahoe County. This was an action upon a bond given by Amanda J. Troutt as principal, and Kerr as surety, upon an appeal from a judgment in a justice’s court in an action of unlawful detainer, and also to recover the moneys received by the surety from the principal in the bond, to be paid, as was contended, to the plaintiff. Default was entered against Amanda J. Troutt. The cause was tried in the district court without the intervention of a jury, arid resulted in a finding for the plaintiff, and the assessment of damages against Troutt in the sum of $3f5; “ and…
1Opinion of the CourtStone, J.
The first error assigned is to the overruling the demurrer to plaintiff’s amended complaint. If it were necessary to determine the sufficiency of the complaint .upon this assignment, we should probably find that since one condition of the bond declared on was unquestionably .good, upon breach' pleaded of this, the demurrer was rightly overruled; but aside from this, the appellant, by answering over, waived his demurrer, and cannot thereafter assign error for such overruling. Freas v. Englebrecht, 3 Col. 377; Puterbaugh, C. L. Pr. 266, and cases cited.
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2Cited by7 opinions
- Erisman v. McCartySupreme Court of Colorado · 1925
- Gilpin County Mining Co. v. DrakeSupreme Court of Colorado · 1885
- Rude v. MacCormacSupreme Court of Colorado · 1922
- State v. RogersSupreme Judicial Court of Maine · 1953
- Walsmith v. HudsonSupreme Court of Colorado · 1925
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