Millard v. Miller
Supreme Court of Colorado
Appeal from the County Court of Costilla County. Hon. W. R. Pylte, Judge. Action by E. F. Miller against Charles Millard and Frank Millard. From a judgment for plaintiff, defendants appeal. The appellee, plaintiff below, instituted this suit before a justice of the peace to recover from appellants the value of certain pasturage claimed to have been wrongfully taken and appropriated by them. From a judgment for $100, defendants appealed to the county court.
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Appeal from the County Court of Costilla County. Hon. W. R. Pylte, Judge. Action by E. F. Miller against Charles Millard and Frank Millard. From a judgment for plaintiff, defendants appeal. The appellee, plaintiff below, instituted this suit before a justice of the peace to recover from appellants the value of certain pasturage claimed to have been wrongfully taken and appropriated by them. From a judgment for $100, defendants appealed to the county court. Upon the trial in the county court, the evidence disclosed the following facts: On the 12th day of December, 1900, H. J. Heckler leased to…
1Opinion of the CourtJustice Goddabd
Whether the plaintiff is entitled to recover the full value of these respective pastures from the defendants in a proper action depends upon the construction to- be given to the terms of the lease which we think,-under the circumstances, remained in force between these parties for that year. That the plaintiff is not entitled to any relief in this action is -too plain to admit of controversy. The liability, if any, against these defendants is several, and must be *105availed of, if at all, in separate actions. In appropriating the use of the respective pastures, they acted separately. There was…
2Cited by1 opinion
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