Knight v. Fisher
Supreme Court of Colorado
Appeal from District Court of Ouray County. Appellee, Fisher, plaintiff below, brought suit in the county court, stating, in his complaint, his demands against the defendant, Knight, in substance as follows: For work and labor, 14 mos., at $40 per mo............$560 00 For money lent, and sundry other demands............ 328 60 Total......................................•.....~ $783 60 The complaint admits sundry credits, aggregating..... 573 83 Leaving balance in favor of…
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Appeal from District Court of Ouray County. Appellee, Fisher, plaintiff below, brought suit in the county court, stating, in his complaint, his demands against the defendant, Knight, in substance as follows: For work and labor, 14 mos., at $40 per mo............$560 00 For money lent, and sundry other demands............ 328 60 Total......................................•.....~ $783 60 The complaint admits sundry credits, aggregating..... 573 83 Leaving balance in favor of Fisher.................... $209 77 For which he claims judgment against Knight. Knight, by his answer, admits the…
1Opinion of the CourtJustice Elliott
The summons in this case was issued November 29,1887,- and served the next day. The complaint was not filed in the county court until January 3, 1888. On account of this delay, defendant’s counsel, on December 21, 1887, moved to dismiss the action. This motion was based upon section 32 of the code, which provides that “ the complaint must be filed within ten days after the summons is issued, or the action may be dismissed,” etc. The court would undoubt*179edly have been justifiable in dismissing the action for failure to file the complaint within the time prescribed by the code. TJpon this point…
2Cases cited6 opinions
- American Co. v. BradfordCalifornia Supreme Court · 1865
- Turner v. Tuolumne County Water Co.California Supreme Court · 1864
- Smith v. CheethamNew York Supreme Court · 1805
- Warner v. RobinsonConnecticut Superior Court · 1790
- Coombs v. ParishSupreme Court of Colorado · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Home Trust Co. v. JosephsonSupreme Court of Missouri · 1936
- Stewart ex rel. Stewart v. RiceSupreme Court of Colorado · 2002
- Bass v. DoughtyCourt of Appeals of Georgia · 1909
- Morris v. RedakSupreme Court of Colorado · 1951
- Colovos v. Home Life Ins. Co. of New YorkUtah Supreme Court · 1934
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