Keith v. Wells
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. In the early part of the year 1882 the plaintiffs, Osborne B. Keith and Alexander B. Adams, as copartners, etc., commenced suit against Margaret S. Withers, defendant, for the sum of $1,158.52 and costs of suit. The plaintiffs caused an attachment to be issued in said suit, and levied upon a certain stock of millinery as the property of the defendant.
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Appeal from District Court of Arapahoe County. In the early part of the year 1882 the plaintiffs, Osborne B. Keith and Alexander B. Adams, as copartners, etc., commenced suit against Margaret S. Withers, defendant, for the sum of $1,158.52 and costs of suit. The plaintiffs caused an attachment to be issued in said suit, and levied upon a certain stock of millinery as the property of the defendant. The conceded facts show that the defendant, for several years prior to the commencement of the action, was the owner and proprietor of a certain millinery business in the city of Denver. While the…
1Opinion of the CourtJustice Hayt
It is conceded that only a part of the evidence introduced upon the trial is preserved in the bill of exceptions. Of the amount and character of the evidence omitted we are not advised. For this reason alone, according to well-settled rules of practice, 'this court is precluded from *323considering the evidence for the purpose of determining its sufficiency to support the verdict. An examination of the record discloses, also, that a new trial was not asked in the court below. Under these circumstances Our review cannot be extended further than an examination of such errors of law as it is claimed…
2Cases cited3 opinions
- Webber v. EmmersonSupreme Court of Colorado · 1877
- Kansas Pacific Railway Co. v. WardSupreme Court of Colorado · 1877
- Coon v. RigdenSupreme Court of Colorado · 1878
3Cited by23 opinions
- Supreme Lodge, Knights of Honor v. DavisSupreme Court of Colorado · 1899
- McFeters v. PiersonSupreme Court of Colorado · 1890
- Edwards v. SmithSupreme Court of Colorado · 1891
- Dawson v. CostonSupreme Court of Colorado · 1893
- Kunz v. NelsonUtah Supreme Court · 1938
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