Sams Automatic Car Coupler Co. v. League
Supreme Court of Colorado
JError to the County Court of Arapahoe County. John M. League, the defendant in error, brought this action against the Sams Automatic Car Coupler Company in the county court of Arapahoe, county for an alleged breach of contract of employment, joining as defendants H. R. Woodward and Lou D. Sweet, as guarantors or sureties for the fulfillment of the contract on the part of the company.
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JError to the County Court of Arapahoe County. John M. League, the defendant in error, brought this action against the Sams Automatic Car Coupler Company in the county court of Arapahoe, county for an alleged breach of contract of employment, joining as defendants H. R. Woodward and Lou D. Sweet, as guarantors or sureties for the fulfillment of the contract on the part of the company. In addition to the usual jurisdictional averment that the amount involved did not exceed the sum of $2,000, the original complaint set forth two causes of action, in the first of which it is in substance averred…
1Opinion of the CourtJustice Goddaed
The first question presented, as to the jurisdiction of the comity court, must be determined by an inspection of the *133original complaint. We agree with, counsel for plaintiff in error that if, under the allegations of that complaint, the county court was without jurisdiction of the subject-matter, this defect could not be cured by amendment; as in that event, any order of the court except that of dismissal would be wholly void and ineffectual. But if, on the other hand, it appears from the face of the complaint itself that the amount sued for was within the jurisdiction of the county court,…
2Cases cited5 opinions
- Fillmore v. WellsSupreme Court of Colorado · 1887
- Green v. TaneySupreme Court of Colorado · 1883
- Schoelkopf v. LeonardSupreme Court of Colorado · 1884
- Tennant v. PfisterCalifornia Supreme Court · 1873
- Webb v. SmithSupreme Court of Colorado · 1882
3Cited by20 opinions
- United States v. Jefferson Electric Manufacturing Co.Supreme Court of the United States · 1934
- Bankers Trust Co. v. International Trust Co.Supreme Court of Colorado · 1941
- Boa v. San Francisco-Oakland Terminal Rys.California Supreme Court · 1920
- Diamond Rubber Co. v. HarrymanSupreme Court of Colorado · 1907
- City of Canon City v. ManningSupreme Court of Colorado · 1908
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