Butler v. Rockwell
Supreme Court of Colorado
Appeal from District Court of Lake County. The complaint upon which the cause was tried was the original complaint, to which a general demurrer was filed, defendants, Hugh Butler and Charles W. Wright, alleging that the complaint did not state facts sufficient to constitute a cause of action. The demurrer was sustained. The case was brought to this court on error, where the judgment of the court below was reversed, and the cause remanded for further proceedings.
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Appeal from District Court of Lake County. The complaint upon which the cause was tried was the original complaint, to which a general demurrer was filed, defendants, Hugh Butler and Charles W. Wright, alleging that the complaint did not state facts sufficient to constitute a cause of action. The demurrer was sustained. The case was brought to this court on error, where the judgment of the court below was reversed, and the cause remanded for further proceedings. Linn v. Butler, 8 Colo. 355. The portions of the complaint necessary to an understanding of the case are as follows: “(1) That on…
1Opinion of the Court
Reed, O.
There are in this case forty-three errors assigned upon the record; but a large part of' them, if not the majority, arise out of, and are ancillary to, one im-' portant question, viz., who were the proper parties, or who was the proper party, to prosecute the suit?
In instituting the suit, William P. Linn was made a plaintiff with L. C. Rockwell, and so remained, without .a challenge or objection, so far as is disclosed by the record of the proceedings had in the district court in the first instance. It is true that the only adjudication in that court was upon a general demurrer to the…
Also in this document: Per curiam.
2Cases cited8 opinions
- Union Trust Co. v. RigdonIllinois Supreme Court · 1879
- Conner v. CarpenterSupreme Court of Vermont · 1856
- Jones v. JohnsonSupreme Court of Pennsylvania · 1842
- Shaw v. WilshireSupreme Judicial Court of Maine · 1876
- Robertson v. WilcoxSupreme Court of Connecticut · 1870
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3Cited by17 opinions
- Bowen v. LansingMichigan Supreme Court · 1901
- Cantor v. Union Mutual Life Insurance Co.Missouri Court of Appeals · 1977
- Ponder v. Altura Farms Co.Supreme Court of Colorado · 1914
- Butler v. RockwellSupreme Court of Colorado · 1892
- Badger Lumber Co. v. ParkerSupreme Court of Kansas · 1911
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