Mulock v. Wilson
Supreme Court of Colorado
Appeal from the District Court of Fremont County. Action to remove cloud from title to real estate by cancellation of fraudulent deed. Plaintiff Wilson obtained judgment below. Defendant Mulock brings this appeal. THE COMPLAINT.
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Appeal from the District Court of Fremont County. Action to remove cloud from title to real estate by cancellation of fraudulent deed. Plaintiff Wilson obtained judgment below. Defendant Mulock brings this appeal. THE COMPLAINT. Among other things, the complaint contains the following: “The plaintiff John Wilson complains of the defendant Peter Mulock, and for cause of complaint shows: That on, to-wit, the /¡f^day of February A. D. 1888 the firm of Mulock Bros. & Co., a partnership composed of Ira and Joshua Mu-lock and A. R. G-umaer, was indebted to him in the sum of six thousand dollars…
1Opinion of the CourtJustice Elliott
1. The only matter assigned for error is, that the complaint does not state facts sufficient to constitute a cause of action. The defendant did not demur nor otherwise object to the complaint for any cause in the trial court, nor was any motion in arrest of judgment interposed. An objection made for the first time in an appellate court is viewed with judicial disfavor, even though the objection be one which the code permits to be raised at any time.
In Gelston v. Hoyt, 13 Johns. (N. Y.) 575, Chancellor *301Kent said: “ A party acts against good conscience if he will not come forward and disclose…
2Cases cited6 opinions
- Henry v. Travelers' InsuranceSupreme Court of Colorado · 1891
- Stock-Growers' Bank v. NewtonSupreme Court of Colorado · 1889
- Burdsall v. WaggonerSupreme Court of Colorado · 1878
- Gregory v. FilbeckSupreme Court of Colorado · 1888
- Wilcoxen v. MorganSupreme Court of Colorado · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Bank of Colfax v. RichardsonOregon Supreme Court · 1898
- Thuringer v. TraftonSupreme Court of Colorado · 1914
- Reed v. MunnCourt of Appeals for the Eighth Circuit · 1906
- Bank of Denver v. Southeastern Capital Group, Inc.District Court, D. Colorado · 1991
- Homestead Mining Co. v. ReynoldsSupreme Court of Colorado · 1902
19 more not listed; retrieve them via the Exa API.