Legal Opinion

Cleaveland v. Nubian Mining Co.

Supreme Court of Colorado

Decided September 15, 1906No. 5162; No. 2763 C. APublishedCited by 1 opinion

Appeal from the District Court of Lake County. Eon. Frank V. Oiuers, Judge. Action by John It. Cleaveland against The Nubian Mining Company. From a judgment dismissing tbe action, plaintiff appeals.

1Opinion of the CourtJustice Bailey

delivered tlie opinion of the court:

This action involves Rule 18 of the district court of Lake county, which is similar in effect to Rule 20 of the district court of El Paso county as set forth in Hoy et al. v. McConaghy, 14 Colo. App. 372. In the matter now before us, the issues were completed on the 31st of January; 1901, and upon the 3d day of March, 1902, the court, without request or suggestion of defendants, and against the protest of plaintiff, and upon its own motion, dismissed the action.

Plaintiff filed-an affidavit setting forth the reasons why he had not urged the trial of the…

2Cases cited1 opinion

  1. Hoy v. McConaghyColorado Court of Appeals · 1900

3Cited by1 opinion

  1. Radinsky v. KripkeSupreme Court of Colorado · 1960

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