Creighton v. Campbell
Colorado Court of Appeals
Appeal from El Paso District Court. Hon. J. W. Shea FOR, Judge.
1DissentMorgan, J.
With deference to the .view of my associates, I do not concur in the reversal. The judgment was just and, for this reason alone, it should not be reversed. The irregularities complained of occurred by reason of the desire to. reach the truth at the trial, and not in a single instance did the lower court commit any irregularity that affected the substantial rights of the parties.
The maj ority opinion says the action is for damages for the breach of a contract; but the complaint and the evidence, from my view, were for damages on account of the fraud practiced upon the plainitff, the…
2Cases cited5 opinions
- Atchison, T. & S. F. Ry. Co. v. Davis & YoungSupreme Court of Oklahoma · 1910
- Mustang Reservoir, Canal & Land Co. v. HissmanSupreme Court of Colorado · 1910
- Taylor v. ThomasSupreme Court of New Hampshire · 1914
- Stephenson v. KilpatrickSupreme Court of Missouri · 1901
- Kirby v. IngersollMichigan Court of Chancery · 1840