Legal Opinion

Hughes v. McCoy

Supreme Court of Colorado

Decided October 15, 1888PublishedCited by 9 opinions

Error to District Court of Arapahoe County. The plaintiff here was plaintiff below, and filed his complaint March 7, 1884, alleging that the said defendant was judge of the count) court of Clear Creek county from January, 1877, to January, 1881, and during all that time was ex officio clerk of said court, and accordingly acted.

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Error to District Court of Arapahoe County. The plaintiff here was plaintiff below, and filed his complaint March 7, 1884, alleging that the said defendant was judge of the count) court of Clear Creek county from January, 1877, to January, 1881, and during all that time was ex officio clerk of said court, and accordingly acted. That on September 15, 1877, one Beighley duly recovered a judgment against one Cummings before a justice of the peace of said county of Clear Creek for the sum of $206.55; from which Cummings appealed to said county court, and duly filed his bond therefor with the said…

1Opinion of the Court

Stallcup, C.

Does the complaint show a right of action in the plaintiff against the defendant? By section 78 of the code of 1883 it is provided chat “ the court may likewise, upon affidavit, showing good cause therefor, after notice to the adverse party, allow, upon such terms as may be just, an amendment to any pleading ór proceeding in any other particular, and may upon like terms allow an answer to be made after the time limited by this act, and may upon such terms as may be just, and upon, payment of the costs, relieve a party, or his legal representatives, from a judgment, order, or other…

Also in this document: Per curiam.

2Cases cited5 opinions

  1. Bradley v. FisherSupreme Court of the United States · 1872
  2. Lange v. . BenedictNew York Court of Appeals · 1878
  3. Nuckolls v. IrwinNebraska Supreme Court · 1873
  4. Hughes v. CummingsSupreme Court of Colorado · 1883
  5. Lane v. W. J. Wheless & Co.Mississippi Supreme Court · 1872

3Cited by9 opinions

  1. Pomeranz v. ClassSupreme Court of Colorado · 1927
  2. Glenn v. MitchellSupreme Court of Colorado · 1922
  3. Brown v. RosenbloomColorado Court of Appeals · 1974
  4. Nevitt v. CrowColorado Court of Appeals · 1892
  5. Waters v. BarclayIdaho Supreme Court · 1937

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