Belmont Mining & Milling Co. v. Costigan
Supreme Court of Colorado
Error to the District Court of San Miguel County. On October 22, 1888, the plaintiff brought its action for the purpose of rescinding a contract of sale of the Belmont mine made to the plaintiff by the defendants, the cause of the action being that the defendants had been guilty of deceit, upon which the plaintiff to its injury relied in making the purchase.
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Error to the District Court of San Miguel County. On October 22, 1888, the plaintiff brought its action for the purpose of rescinding a contract of sale of the Belmont mine made to the plaintiff by the defendants, the cause of the action being that the defendants had been guilty of deceit, upon which the plaintiff to its injury relied in making the purchase. Another object of the suit, or rather an incident thereof, was to obtain a decree of court canceling certain promissory notes and a certain trust deed given to secure the payment of the same, which said notes and trust deed purported to…
1Opinion of the CourtJustice Campbell
The principal errors assigned and argued by plaintiff in error are : First, that the referee erred in refusing its application for a .continuance; second, that under the order of reference, which was merely that the referee should take all the testimony offered by both parties and report his findings of fact thereon to the court, the referee was without jurisdiction, and acted contrary to his authority in assuming to determine an issue of law, and in holding that the complaint did not state facts sufficient to constitute a cause of action, and by refusing to permit any testimony in support…
2Cases cited10 opinions
- Van Pelt v. . McGrawNew York Court of Appeals · 1850
- Gardner v. HearttNew York Supreme Court · 1846
- Stephens v. ClaySupreme Court of Colorado · 1892
- Ming v. WoolfolkSupreme Court of the United States · 1886
- Lane v. HitchcockNew York Supreme Court · 1817
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People in Interest of SSTColorado Court of Appeals · 1976
- Holmquist v. GilbertSupreme Court of Colorado · 1907
- Lipschitz v. PeopleSupreme Court of Colorado · 1898
- Foot v. BurrSupreme Court of Colorado · 1907
- Lewis v. HamiltonSupreme Court of Colorado · 1899
7 more not listed; retrieve them via the Exa API.