Knight v. Lawrence
Supreme Court of Colorado
JError to the District Court of Arapahoe County. Action for the recovery of real property and damages for its detention. Judgment for defendant. Plaintiff brings the cause to this court by writ of error. SYNOPSIS OF THE PLEADINGS. Complaint as in an ordinary action of ejectment, plaintiff claiming title in fee to lots 5 and .6 in block 125, East Division of the city of Denver, Arapahoe county, Colorado.
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JError to the District Court of Arapahoe County. Action for the recovery of real property and damages for its detention. Judgment for defendant. Plaintiff brings the cause to this court by writ of error. SYNOPSIS OF THE PLEADINGS. Complaint as in an ordinary action of ejectment, plaintiff claiming title in fee to lots 5 and .6 in block 125, East Division of the city of Denver, Arapahoe county, Colorado. ANSWER. 1st Defense: Denies plaintiff’s title, possession and right of possession. ■’ 2d Defense: Alleges title, possession and right of possession in defendant. 3d Defense: Alleges title in…
1Opinion of the CourtJustice Elliott
The assignments of error challenge, first, the interlocutory *431judgment sustaining the demurrers to the special replications, and second, the final judgment dismissing plaintiff’s action.
1. When a demurrer is interposed the sufficiency in substance of any antecedent pleading to which the pleading demurred to relates, may be called in question, as well as the sufficiency of the pleading directly challenged. Under this rule, counsel for plaintiff asks that the demurrer to the special replications be carried back to the third and fourth defences.
2. At the threshold of this controversy it is boldly…
2Cases cited12 opinions
- Gomer v. ChaffeeSupreme Court of Colorado · 1882
- Edwards v. Denver & R. G. R.Supreme Court of Colorado · 1889
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
- Wells v. CaywoodSupreme Court of Colorado · 1877
- Lebanon Mining Co. of New York v. RogersSupreme Court of Colorado · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Williams v. WilliamsSupreme Court of Colorado · 1894
- De Foresta v. GastSupreme Court of Colorado · 1894
- Peters v. Smuggler-Durant Mining Corp.Supreme Court of Colorado · 1997
- Lower Latham Ditch Co. v. Louden Irrigating Canal Co.Supreme Court of Colorado · 1900
- Ford v. Summertree Lane Ltd. Liability Co.Colorado Court of Appeals · 2002
21 more not listed; retrieve them via the Exa API.