Monti v. Bishop
Supreme Court of Colorado
Error to Probate Court of Clear Creek County. Margaret Bishop, the defendant in error, filed her bill in the probate court of Clear Creek county, to acquire title under the provisions of chap'ter eighty-four of the Revised Statutes, to lots numbered eighteen, nineteen and twenty in block number forty, in the town of Georgetown. Monti and Caze, the plaintiffs in error, answered severally, concluding with the general prayer to be “hence dismissed,” etc.
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Error to Probate Court of Clear Creek County. Margaret Bishop, the defendant in error, filed her bill in the probate court of Clear Creek county, to acquire title under the provisions of chap'ter eighty-four of the Revised Statutes, to lots numbered eighteen, nineteen and twenty in block number forty, in the town of Georgetown. Monti and Caze, the plaintiffs in error, answered severally, concluding with the general prayer to be “hence dismissed,” etc. Replications were put in, and upon the hearing the court decreed, among other things, that the defendant in error was entitled to all of lot…
1Per curiam
This court held, in the cases of Tucker v. McCoy, (ante, p. 234), and Abbott v. Monti (ante, p. 561), that if, in a suit in chancery, the court below should decree to the defendant affirmative relief, upon an answer (in the absence of a cross-bill), praying only that the defendant may be hence dismissed, that such decree would be erroneous. In such case, if the complainant should prosecute his writ of error to this court, he would be entitled to a reversal of the decree. The decree, although voidable, must stand as a valid, subsisting decree, unless reversed by a court of review. The statute…
2Cases cited1 opinion
- Capron v. Van NoordenSupreme Court of the United States · 1804
3Cited by4 opinions
- Caviness v. PeopleSupreme Court of Colorado · 1900
- Hull v. Denver Tramway Corp.Supreme Court of Colorado · 1935
- Thomas v. MahinSupreme Court of Colorado · 1924
- Wheeler Kelly Hagny Trust Co. v. WilliamsonSupreme Court of Colorado · 1943