Limberg v. Higenbotham
Supreme Court of Colorado
Error to District Court of Latee County. The object of this action was to recover from the defendants, Higenbotham & Barnes, mesne profits received by them from tenants who occupied a portion of lots 1 and 2 of the Leadville Improvement Company’s addition to the city of Leadville, pending action by said company for possession. The defendants to that action originally were De Lay, Cottrell, Malian & Franklin.
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Error to District Court of Latee County. The object of this action was to recover from the defendants, Higenbotham & Barnes, mesne profits received by them from tenants who occupied a portion of lots 1 and 2 of the Leadville Improvement Company’s addition to the city of Leadville, pending action by said company for possession. The defendants to that action originally were De Lay, Cottrell, Malian & Franklin. The suit was afterwards dismissed ah to Cottrell, and prosecuted to final judgment against the other defendants. The plaintiff in that action, the Leadville Improvement Company, sold and…
1Opinion of the CourtBeck, C. J.
The controlling question in the present case arises upon the pleadings. If they can be held sufficient to constitute a triable issue, and to sustain an ac*158tion for the recovery of mesne profits of land, the court erred in excluding the evidence offered by the plaintiff on the trial tending to prove the amount of damages sustained, and likewise in nonsuiting the plaintiff. The code of procedure requires the complaint to contain a statement of the facts which constitute the cause of action. This the complaint in the present case failed to do. That it was insufficient, therefore, in itself admits…
2Cases cited2 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Jackson v. StoneNew York Supreme Court · 1816
3Cited by5 opinions
- Moulton v. McLeanColorado Court of Appeals · 1895
- Schneider v. CrossSupreme Court of Colorado · 1926
- Nathan v. CrouseColorado Court of Appeals · 1913
- Nathan v. CrouseColorado Court of Appeals · 1913
- Moulton v. McLeanColorado Court of Appeals · 1895