Quimby v. Boyd
Supreme Court of Colorado
Appeal from District Court of El Paso County. The facts are sufficiently stated in the opinion.
1Opinion of the CourtBeck, C. J.
The first question demanding our consideration is whether the appellants, who were defendants below, were entitled to judgment, notwithstanding the submission of the cause, without objection from them, to a jury for trial, and a verdict in favor of plaintiffs, for the reason that the new matter set up in their answer to the complaint was not put in issue by a replication.
Under section 75 of the Code of Civil Procedure, Comp. 1883, the defendants were entitled to have every material allegation of their answer, taken as' true, since no replication was filed thereto.
Bui> counsel for plaintiffs…
2Cases cited6 opinions
- Denver, South Park & Pacific Railway Co. v. WoodwardSupreme Court of Colorado · 1877
- Hopkins v. CothranSupreme Court of Kansas · 1876
- Crowley v. City RailroadCalifornia Supreme Court · 1882
- De Lappe v. SullivanSupreme Court of Colorado · 1883
- Bradshaw v. Hedge & HeatonSupreme Court of Iowa · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Peters v. PetersSupreme Court of Colorado · 1923
- Denver City Tramway Co. v. WrightSupreme Court of Colorado · 1909
- Lambert v. MurraySupreme Court of Colorado · 1911
- Durrence v. Northern National BankSupreme Court of Georgia · 1903
- Venner v. Denver Union Water Co.Supreme Court of Colorado · 1907
21 more not listed; retrieve them via the Exa API.