Corning v. Ryan
Supreme Court of Colorado
Appeal from District Court of Larimer County. The facts in this case are presented in the following stipulation, filed in the court below and made a part of the record. ' • “On motion to dismiss appeal and on the case, the following statement of facts is agreed upon as the facts in this case, and it is stipulated that the case be submitted to the court, a jury being waived on this statement and on the law: 1. Andrew Douty died May 15th, A. D. 1874, and that letters of…
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Appeal from District Court of Larimer County. The facts in this case are presented in the following stipulation, filed in the court below and made a part of the record. ' • “On motion to dismiss appeal and on the case, the following statement of facts is agreed upon as the facts in this case, and it is stipulated that the case be submitted to the court, a jury being waived on this statement and on the law: 1. Andrew Douty died May 15th, A. D. 1874, and that letters of administration were issued on said estate out of the probate court of Larimer county, Colorado, to Sylvester Douty, June 9th,…
1Opinion of the CourtStone, J.
Prom the judgment of the court below, dismissing the appeal upon the agreed statement of facts, the plaintiff appeals to this court, and the sole question presented by the assignment of errors and upon the record is, “did the district court err in dismissing the appeal? ” If the case was properly pending in' the district court, then upon the agreed facts there was an undisputed claim for a certain sum, for which the court was bound to render a' judgment in favor of the plaintiff and against the defendant. But since the court refused to render such judgment, we must infer that the sole reason…
2Cases cited1 opinion
- Johnson v. GillettIllinois Supreme Court · 1869
3Cited by8 opinions
- Tucker v. TuckerColorado Court of Appeals · 1912
- Hiller v. MathenySupreme Court of Colorado · 1927
- County Commissioners v. FlanaganColorado Court of Appeals · 1912
- Ellis v. GibbonsColorado Court of Appeals · 1914
- Currier v. JohnsonColorado Court of Appeals · 1903
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