Legal Opinion

Capitol Petroleum Co. v. Pine

Supreme Court of Colorado

Decided March 7, 1921No. 9995Published

Action against a corporation for alleged conversion of dividends. Judgment for plaintiff by default. On Application for Supersedeas. Error to the District Court of the City and County of Denver, Hon. Greeley W. Whitford, Judge.

1Opinion of the CourtJustice Allen

This is an action against a corporation and one of its officers for damages for an alleged conversion of a dividend. The record shows that on September 30, 1920, the cause was “regularly reached for trial according to previous assignment.” The defendants did not appear at the trial. The plaintiff gave his evidence, and obtained judgment.

On October 8, 1920, the defendants filed a motion in arrest of judgment, chiefly upon the ground that the complaint does not state a cause of action. The motion was overruled. On December 8, 1920, the defendants filed a *28motion to vacate the judgment, on…

2Cases cited4 opinions

  1. Gumaer v. BellSupreme Court of Colorado · 1911
  2. Burlington Ditch, Reservoir & Land Co. v. Fort Morgan Reservoir & Irrigation Co.Supreme Court of Colorado · 1915
  3. State Board of Agriculture v. MeyersColorado Court of Appeals · 1899
  4. Elliott v. QuinnSupreme Court of Colorado · 1907

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