Patrick v. McManus
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Action upon a promissory note bearing date April 20, 1885. The note, which is for $1,000 and interest, is set forth in hcec verba in the complaint. This pleading also contains the following allegation: “ That afterwards, on the 3d day of August, 1886, at Denver, Colo., plaintiff requested defendant to pay said sum. of $1,000 and interest; that defendant did not nor has not since paid said sum of money or any part thereof.
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Appeal from District Court of Arapahoe County. Action upon a promissory note bearing date April 20, 1885. The note, which is for $1,000 and interest, is set forth in hcec verba in the complaint. This pleading also contains the following allegation: “ That afterwards, on the 3d day of August, 1886, at Denver, Colo., plaintiff requested defendant to pay said sum. of $1,000 and interest; that defendant did not nor has not since paid said sum of money or any part thereof. Prayer for judgment for $1,000, together with interest from 20th of April, 1885, at eight per cent, per annum, and costs.” In…
1Opinion of the CourtJustice Hayt
The answer filed in the cause was stricken out as a sham answer, and judgment thereupon entered for the plaintiff for the amount claimed in the complaint. Should such action of the court be sustained?
Whether the pleading was objectionable for other reasons than the one urged is not material. Appellee’s motion was based solely upon the claim that the answer was a sham one. That part of the code relating to sham answers reads as follows: “Sham and irrelevant answers and defenses, and so much of' any pleading as may be irrelevant, redundant, immaterial, or insufficient, may be stricken out upon…
2Cases cited11 opinions
- The People v. . McCumberNew York Court of Appeals · 1858
- Wedderspoon v. RogersCalifornia Supreme Court · 1867
- Barker v. FosterSupreme Court of Minnesota · 1882
- Lowe v. ThompsonIndiana Supreme Court · 1882
- King v. StewartSupreme Court of Iowa · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rhea v. HackneySupreme Court of Florida · 1934
- Simpson v. LangleySupreme Court of Colorado · 1896