McRobbie v. Higginbotham
Supreme Court of Colorado
Appeal from District Court of L<:ce County. This was an action by the appellees, S. C. Higginbotham and G. M. Barnes, against the appellant, John J. M. McEobbie, for the recovery of rent accrued upon a lease of certain real estate premises made by appellees to appellant.
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Appeal from District Court of L<:ce County. This was an action by the appellees, S. C. Higginbotham and G. M. Barnes, against the appellant, John J. M. McEobbie, for the recovery of rent accrued upon a lease of certain real estate premises made by appellees to appellant. In his answer, appellant admitted the execution of the lease, possession thereunder, and that the amount demanded had accrued as rental thereunder, and alleged that, prior to the commencement of the action, he had been enjoined from paying over the rentals by an order of court in an action wherein the Leadville Improvement…
1Opinion of the Court
Stallcup. C.
It is argued here that the court erred in striking out or dismissing the petition of intervention, and in maintaining this action. It does not appear that *316there was any error against appellant in the court’s order denying the intervention. We do not, however, concede that any question upon this order could arise in any way upon this appeal, as the order was against the intervenor and not against the appellant. The evidence touching the proceedings for injunction and receiver, in the case referred to, does not in any way show that the temporary restraining order made therein…
Also in this document: Per curiam.
2Cited by2 opinions
- Winship v. MayColorado Court of Appeals · 1896
- Winship v. MayColorado Court of Appeals · 1896