Plattner Implement Co. v. Bradley, Alderson & Co.
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Eon. Samuel L. Carpenter, Judge. Action by Bradley, Alderson & Co., a corporation, against Tlie Plattner Implement Company, a corporation. From a judgment for plaintiff on appeal from a judgment for defendant in tlie county court, defendant appeals.
1Opinion of the CourtJustice Goddard
The first ground relied on in argument for a reversal is the action of the court in proceeding with the trial of the issue as to the validity of the Missouri judgment, while the demurrer to the answer and cross-complaint for misjoinder of causes of action, filed February 27, 1902, was still pending. The court ruled that plaintiff, by noticing the equitable issue for trial, waived its demurrer and its right to further object that several causes of action were improperly united in the answer and cross-complaint. Counsel for defendant contends that the waiver was not complete until the trial…
2Cases cited5 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Quick v. LemonIllinois Supreme Court · 1882
- Forbes & Bro. v. Cooper & Co.Court of Appeals of Kentucky · 1889
- Davis v. MilburnSupreme Court of Iowa · 1856
- Brown v. PegramU.S. Circuit Court for the District of Eastern Pennsylvania · 1906
3Cited by8 opinions
- Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
- Grimes v. BarndollarSupreme Court of Colorado · 1914
- Smith v. WillisOregon Supreme Court · 1917
- Strong v. GordonMissouri Court of Appeals · 1920
- Rogers v. Mountain States Royalties, Inc.Supreme Court of Colorado · 1947
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