Hittson v. Davenport
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. The judgment rendered by the district court was, at the December term, 1877, of this court, reversed with an order of dismissal, upon the ground that a new promise was not good by way of replication to a plea of the statute of limitations in an action of debt upon a specialty.
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Appeal from District Court of Arapahoe County. The judgment rendered by the district court was, at the December term, 1877, of this court, reversed with an order of dismissal, upon the ground that a new promise was not good by way of replication to a plea of the statute of limitations in an action of debt upon a specialty. As the opinion of this court, upon the rehearing, reverses its former finding and affirms the judgment of the district court, a statement of the facts in this place may prove convenient. Davenport, the appellee, brought an action of debt in the district court of Arapahoe…
1Opinion of the Court
Upon rehearing the following opinion was rendered by
Elbert, J.
The record in this case recites that the action was commenced on the 16th day of February, 1876. This was the date accepted as the true date, and if it is to be so regarded, there is nothing further to add to our former opinion.
The petition for a rehearing, however, claims that the suit was commenced on March 16, 1875, and an examination of the copy of the writ in the record discloses that date.
This conflict of dates did not appear in the printed abstracts, nor was it adverted to by counsel in their briefs on file. After filing the…
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