Porter v. Grady
Supreme Court of Colorado
Hrror to the County Court of Yuma County. J. Douglas Grady, the defendant in error, brought an action to foreclose a mortgage upon certain real estate, executed by one Wickliff Newell on the 29th day of November, 1887, and given to secure a promissory nóte of even date therewith for the sum of $535, payable May 29,1888. This mortgage was recorded on the 29th day of December, 1887. The plaintiff in error, James R. Porter, was made a party defendant, and answered by a general…
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Hrror to the County Court of Yuma County. J. Douglas Grady, the defendant in error, brought an action to foreclose a mortgage upon certain real estate, executed by one Wickliff Newell on the 29th day of November, 1887, and given to secure a promissory nóte of even date therewith for the sum of $535, payable May 29,1888. This mortgage was recorded on the 29th day of December, 1887. The plaintiff in error, James R. Porter, was made a party defendant, and answered by a general denial and filed a cross complaint setting forth a mortgage upon the same property, executed by said Newell on the 26th…
1Opinion of the CourtJustice Goddard
The evidence introduced upon the trial was not preserved by a bill of exceptions, and our review is therefore limited to the record proper. The foregoing statement sufficiently presents the rulings upon which error is assigned. These may be summarized under three heads: First, that the court erred in denying motion for judgment upon the pleadings; second, in dismissing the counterclaim; third, in summoning, a jury of twelve on its own motion, to try the issue of fact. In support of the first proposition, it is contended by plaintiff in error that the specific denials in the replication to his…
2Cited by10 opinions
- Bessemer Irrigating Ditch Co. v. WoolleySupreme Court of Colorado · 1904
- Peck v. FarnhamSupreme Court of Colorado · 1897
- Eppich v. BlanchardSupreme Court of Colorado · 1914
- McClelland v. BullisSupreme Court of Colorado · 1905
- Shideler v. FisherColorado Court of Appeals · 1899
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