Dunne v. Stotesbury
Supreme Court of Colorado
Appeal from District Court of Zalee Coxmt/y. Henry H. Stotesbuby was plaintiff below, and by this suit sought to be declared the owner and awarded the possession of a certain certificate for twelve thousand five hundred shares of the capital stock of the Agassiz Consolidated Mining Company. Injunctive relief was also sought in aid of the action. Of the defendants, James Dunne alone made defense.
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Appeal from District Court of Zalee Coxmt/y. Henry H. Stotesbuby was plaintiff below, and by this suit sought to be declared the owner and awarded the possession of a certain certificate for twelve thousand five hundred shares of the capital stock of the Agassiz Consolidated Mining Company. Injunctive relief was also sought in aid of the action. Of the defendants, James Dunne alone made defense. The plaintiff’s ownership of eight thousand one hundred shares included in said certificate was not controverted, but Dunne claimed title to the other four thousand four hundred shares. A temporary…
1Opinion of the CourtJustice Elliott
The assignments of error upon the first appeal, even if sustained, would not, under the circumstances of the case, justify a reversal of the final judgment, if the record be otherwise free from error; hence such assignments need not be considered in this opinion. Roberts v. Arthur, 15 Colo. 456. The assignments of error upon the last appeal relate to the admission and exclusion of testimony, and to the findings and judgment of the court. The objections to the rulings of the court upon the testimony offered, as shown by the abstract, were not well taken; they require no discussion.
Erom a…
2Cases cited4 opinions
- Boylan v. HuguetNevada Supreme Court · 1873
- Coffee v. EmighSupreme Court of Colorado · 1890
- Wilson v. AnthonySupreme Court of Arkansas · 1857
- Roberts v. ArthurSupreme Court of Colorado · 1890
3Cited by14 opinions
- Morgan v. KingSupreme Court of Colorado · 1900
- Hagan v. Continental National BankSupreme Court of Missouri · 1904
- Hickerson v. VesselsSupreme Court of Colorado · 2014
- Woodruff v. WilliamsSupreme Court of Colorado · 1905
- White v. NuckollsSupreme Court of Colorado · 1910
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