Webber v. Emmerson
Supreme Court of Colorado
Error to Probate Cotort of Arapahoe County. On tlie 3d day of June, 1873, Emmerson, the defendant in error, made his promissory note to Webber, the plaintiff in error, for §1,094.87, payable July 1st, 1873, with interest at two per cent per month. To secure the payment of the note, Emmerson executed a chattel mortgage to Webber, on a lot of furniture, in a hotel being conducted by Emmerson.
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Error to Probate Cotort of Arapahoe County. On tlie 3d day of June, 1873, Emmerson, the defendant in error, made his promissory note to Webber, the plaintiff in error, for §1,094.87, payable July 1st, 1873, with interest at two per cent per month. To secure the payment of the note, Emmerson executed a chattel mortgage to Webber, on a lot of furniture, in a hotel being conducted by Emmerson. Abont the 27th of June, 1873, Emmerson went away, leaving the property in charge of one Allsberry. On the 2d day of July, 1873, Webber took possession of the goods described in the mortgage, and on the…
1Opinion of the CourtThatcher, C. J.
Many of the errors assigned being founded upon exceptions to the instructions of the court, and to evidence not properly taken in the court below, cannot appropriately be considered here with a viéw to a reversal of the judgment. But for the purpose of indicating what is the approved practice in such cases, we will briefly refer to the fatal defects in some of the exceptions upon which errors have been assigned.
An exception was taken to the instructions en masse, prayed by the defendant and given by the court. These instructions involve distinct legal propositions, and while in our opinion…
2Cases cited4 opinions
- Geary v. PeopleMichigan Supreme Court · 1871
- Lewis v. BrackenridgeIndiana Supreme Court · 1822
- Thrasher v. TyackWisconsin Supreme Court · 1862
- People ex rel. Hanrahan v. Board of Metropolitan PoliceNew York Court of Appeals · 1863
3Cited by19 opinions
- McFeters v. PiersonSupreme Court of Colorado · 1890
- Thompson v. PeopleSupreme Court of Colorado · 1959
- Keith v. WellsSupreme Court of Colorado · 1890
- Buck v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Davis v. HopkinsSupreme Court of Colorado · 1893
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