Colorado Central R. R. v. Smith
Supreme Court of Colorado
Appeal from, District Court of Jefferson County. Smith, the appellee, filed his declaration in ejectment in the District Court of Jefferson County, alleging title in himself in fee to certain lands in Golden City, within “ the town site entry.” The appellant filed the plea of the general issue, and the cause was tried by the court without the intervention of a jury. The court entered its finding in favor of the appellee, and gave judgment thereon.
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Appeal from, District Court of Jefferson County. Smith, the appellee, filed his declaration in ejectment in the District Court of Jefferson County, alleging title in himself in fee to certain lands in Golden City, within “ the town site entry.” The appellant filed the plea of the general issue, and the cause was tried by the court without the intervention of a jury. The court entered its finding in favor of the appellee, and gave judgment thereon. To reverse that judgment, the defendant below prosecutes this appeal. In this court it assigns as error, among others, the following: “ The…
1Opinion of the CourtElbert, C. J.
The first and second assignments are general ; there are no specifications of the improper testimony admitted, or the proper testimony rejected, and no notice can be *162taken of them. The rules of the court require that “each error shall be separately alleged and 'particularly specified.”
The fourth assignment is not well taken. So long as the defendant claimed title to the whole premises, disclaiming as to no part thereof, it was immaterial that it was in actual possessiontof only a part.
The questions raised by the third, fifth, sixth, seventh, eighth and ninth assignments, were all decided in…
2Cited by4 opinions
- Hanlon v. HobsonSupreme Court of Colorado · 1897
- Goldberger v. LeibowitzSupreme Court of Colorado · 1908
- Rice v. GoodridgeSupreme Court of Colorado · 1886
- Gilpin v. GilpinSupreme Court of Colorado · 1889