People ex rel. Crawford v. Lothrop
Supreme Court of Colorado
Demurrer to the answer to a petition for mandamus : -. The sections of the Code passed upon but not set out in full in the opinion are as follows: “Section 307. On the trial the applicant shall not be precluded by the answer of any valid objection to its insufficiency, and may controvert it by proof either in direct denial or by way of avoidance.”
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Demurrer to the answer to a petition for mandamus : -. The sections of the Code passed upon but not set out in full in the opinion are as follows: “Section 307. On the trial the applicant shall not be precluded by the answer of any valid objection to its insufficiency, and may controvert it by proof either in direct denial or by way of avoidance.” “ Section 60. The defendant may set forth, by answer or cross complaint, as many defenses and counter-claims or set-offs, as he may have, whether the subject-matter of such defenses be such as were heretofore denominated legal or equitable, or both…
1Opinion of the Court
By the Court.
At the threshold of this case we are confronted by questions of procedure arising under the Code, upon a correct solution of which will depend, in a large measure, the disposition of the demurrer interposed to the return to the alternative writ of mandamus. We are without adjudications of our own. By the Code of Civil Procedure hitherto untried in Colorado, adopted by the first State legislature, and by the recognized principles of sound pleadings and of the law not inconsistent with the provisions of the the Code, the fate of this demurrer must be determined. Sec*448tion 307 of the…
2Cases cited11 opinions
- Green v. MillerNew York Supreme Court · 1810
- People ex rel. Central Pacific Railroad v. Board of SupervisorsCalifornia Supreme Court · 1865
- Buhne v. CorbettCalifornia Supreme Court · 1872
- Doughty v. HopeNew York Supreme Court · 1846
- Cooley v. O'ConnorSupreme Court of the United States · 1871
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- People ex rel. Colorado Tax Commission v. PitcherSupreme Court of Colorado · 1914
- People v. PitcherSupreme Court of Colorado · 1916
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