5 Mining Co. v. Bruce
Supreme Court of Colorado
Error to County Court of Clear Creek County. In the trial of this cause in the county court the record discloses the following evidence: Bruce, one of the plaintiffs, testified: “ Horton and I took contract for one hundred feet sinking at $20 a foot with water stipulation; defendant was to pay expenses for the water ; sank sixty-one feet and timbered; date of contract was October ; commenced sinking October 20,1875 ; worked until December 20,1875 ; sank twenty-five feet and…
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Error to County Court of Clear Creek County. In the trial of this cause in the county court the record discloses the following evidence: Bruce, one of the plaintiffs, testified: “ Horton and I took contract for one hundred feet sinking at $20 a foot with water stipulation; defendant was to pay expenses for the water ; sank sixty-one feet and timbered; date of contract was October ; commenced sinking October 20,1875 ; worked until December 20,1875 ; sank twenty-five feet and stopped to work in engine room ; was told to do what was necessary to receive the machinery ; to do extra work necessary…
1Opinion of the CourtStone, J.
This action was brought by defendants in error, in assumpsit, to recover for work done in sinking a shaft on the mine of the plaintiff in error, upon a verbal contract therefor. The general issue was the only plea of the defendant below, on which issue was joined at the trial.
The first point made by the plaintiff in error that we are *297called upon to notice, is that the case was tried by a jury of six, without waiver of the right to a jury of twelve.
The third section of the act amendatory of the law relating to probate courts, approved Feb. 18,1874, declares that, ‘ ‘ all issues of fact in said…
2Cases cited2 opinions
- Leake v. BrownIllinois Supreme Court · 1867
- Wright v. PostSupreme Court of Connecticut · 1819
3Cited by3 opinions
- Williams v. MellorSupreme Court of Colorado · 1888
- Servant v. McCampbellSupreme Court of Colorado · 1909
- Touse v. Consolidated Ry. & Power Co.Utah Supreme Court · 1905