Mayhew v. Smith
Supreme Court of Colorado
Appeal from the District Court of Bio Grande County. Hon. Charles C. Holbrook, Judge. Action by Payson E. Maybew against Willard P. Smith, William Wallace and Charles R. Foster. From a judgment for defendants, plaintiff appeals.
1Opinion of the CourtJustice Campbell
1. Plaintiff says that the attempted denial in the answer of each defendant: ‘ ‘ He denies each and every allegation contained in the plaintiff’s said complaint not hereinafter specifically admitted, denied or traversed, ” is no denial at all. "Whether .this contention is true is not important for several reasons. At the trial it was treated as a good denial by both parties, and evidence was introduced in support of it without objection. The point here made cannot, for the first time, be urged upon review.
2. The defendants, in support of their affirmative defense, offered in evidence the…
2Cases cited1 opinion
- Noles v. StateSupreme Court of Alabama · 1854
3Cited by1 opinion
- Lewis v. SmithSupreme Court of Colorado · 1909