French v. Woodruff
Supreme Court of Colorado
Appeal from the District Court, of Las Animas County. To the complaint a demurrer, filed by Thomas T. Woodruff, who alone of the defendants was served with process, was sustained, and the plaintiffs electing to stand thereby, a judgment of dismissal was entered, which is now before us on appeal.
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Appeal from the District Court, of Las Animas County. To the complaint a demurrer, filed by Thomas T. Woodruff, who alone of the defendants was served with process, was sustained, and the plaintiffs electing to stand thereby, a judgment of dismissal was entered, which is now before us on appeal. The complaint is very voluminous, but its material averments may thus be stated: Plaintiffs, residents of Illinois and Indiana, are the heirs at law and legatees and devisees under the last will and testament of James M. Rice, late of the county of Las Animas, state of Colorado, deceased. The will,…
1Opinion of the Court
Chiee Justice Campbell
delivered the opinion of the . court.
Counsel for defendant Woodruff contends that the sub*346stantive cause of action set forth, in the complaint was the active fraudulent acts charged against the executor and his joint wrongdoers, in connection with the administration of the assets of the estate. This is apparent from an inspection of the demurrer itself. That such conclusion has some foundation when the complaint is only casually read, especially in view of the plaintiffs ’ own construction of their pleading, as evidenced by the various kinds of relief prayed for,—is…
2Cases cited7 opinions
- Potter v. SmithIndiana Supreme Court · 1871
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1890
- Warren v. AdamsSupreme Court of Colorado · 1894
- Hagerman v. BatesSupreme Court of Colorado · 1897
- Harris v. CornellIllinois Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Baxter v. National Mortgage Loan Co.Nebraska Supreme Court · 1935
- Mountain Water Works Construction Co. v. HolmeSupreme Court of Colorado · 1911
- Town of Fairplay v. Board of County CommissionersSupreme Court of Colorado · 1901
- Woodruff v. WilliamsSupreme Court of Colorado · 1905
- Price v. ImmelSupreme Court of Colorado · 1910
21 more not listed; retrieve them via the Exa API.