Martin v. McLaughlin
Supreme Court of Colorado
Error to District Court, Park County. On rehearing. This case was originally brought in the county court of Laké county, where judgment by default was rendered against the defendant. The defendant appealed to the district court of Lake county, and filed therein his answer to the complaint. A change of venue was taken to Park county, where a continuance of the case was had on motion of the plaintiff.
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Error to District Court, Park County. On rehearing. This case was originally brought in the county court of Laké county, where judgment by default was rendered against the defendant. The defendant appealed to the district court of Lake county, and filed therein his answer to the complaint. A change of venue was taken to Park county, where a continuance of the case was had on motion of the plaintiff. At a subsequent term, when the case was called for trial, and after the jury had been called, a motion was made by the plaintiff to strike out the answer on the ground that the defendant, being in…
1Opinion of the CourtElbert, J.
The court properly overruled the plaintiff’s motion to strike the defendant’s answer from the files. The motion came too late, being interposed after the case had gone to trial. An additional ground is found in the statute providing for appeals from the county to district courts, which declares tha,t the proceedings in such case in the appellate court shall be de novo, and that the defendant, where judgment had been rendered by default, shall have the right to plead any and all defenses which he might have pleaded had the case originally been brought *158in the district court. Gen. St. § 500. As…
2Cited by1 opinion
- Horton v. Tonopah & Goldfield R.District Court, D. Nevada · 1914