Hall v. Linn
Supreme Court of Colorado
Appeal from District Court of Jefferson County. The complaint in this case alleged an indebtedness of Linn to Hall and to Hall & Company, and other parties; sedond, a conveyance of a mine to Hall to secure the debt to him, under an agreement that Hall should work the property, receive compensation for his services, also sell the property, and out of the proceeds of sale should pay himself, the debt of Hall & Company and the other debts of Linn, after which, if there was any…
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Appeal from District Court of Jefferson County. The complaint in this case alleged an indebtedness of Linn to Hall and to Hall & Company, and other parties; sedond, a conveyance of a mine to Hall to secure the debt to him, under an agreement that Hall should work the property, receive compensation for his services, also sell the property, and out of the proceeds of sale should pay himself, the debt of Hall & Company and the other debts of Linn, after which, if there was any balance, it was to be paid to Linn; third, that Hall worked the property, made a sale, and that there was a balance due…
1Opinion of the CourtHelm, J.
As we shall presently see, the principal issue tried in this case was equitable. The court submitted several propositions to a jury, and obtained special findings of fact thereon. It is true, a general verdict was also returned in which the amount of plaintiff’s recovery was fixed; but we shall assume with counsel that this does not affect the status and rights of the parties under the special findings.
That, in the trial of chancery cases under our practice, the court may, on its own motion, invoke the aid of a jury to determine specific questions of fact, we do not doubt. Such findings are,…
2Cases cited1 opinion
- Campbell v. DearbornMassachusetts Supreme Judicial Court · 1872
3Cited by27 opinions
- Von Trotha v. BambergerSupreme Court of Colorado · 1890
- Carpenter v. SibleyCalifornia Supreme Court · 1908
- Denver City Tramway Co. v. WrightSupreme Court of Colorado · 1909
- Danielson v. GudeSupreme Court of Colorado · 1887
- Neikirk v. Boulder National BankSupreme Court of Colorado · 1912
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