Barlow v. Hitzler
Supreme Court of Colorado
Error to the District Court of Montrose County. Eon. Theron Stevens, Judge. Action, by Samnel Turbutt against Geo. L. Jacobson, John S. Mooney, Mary Mooney, Henry J. Aldricb and William H. Whitehead, and after the death of plaintiff, a complaint in the nature of a bill of revivor and supplement was filed, and Lavinia F. Barlow was added as a party defendant, and Alexander C. Hitzler, as administrator with the will annexed of the estate of Samuel Turbutt, was substituted as…
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Error to the District Court of Montrose County. Eon. Theron Stevens, Judge. Action, by Samnel Turbutt against Geo. L. Jacobson, John S. Mooney, Mary Mooney, Henry J. Aldricb and William H. Whitehead, and after the death of plaintiff, a complaint in the nature of a bill of revivor and supplement was filed, and Lavinia F. Barlow was added as a party defendant, and Alexander C. Hitzler, as administrator with the will annexed of the estate of Samuel Turbutt, was substituted as plaintiff. From a judgment for plaintiff, defendants, Lavinia F. Barlow and William H. Whitehead, bring' error. •
1Opinion of the CourtJustice Goddard
delivered tlie opinion of the court:
The procedure herein adopted is a well established English chancery remedy, and has been fully adopted in the courts of this country as an important part of their equity .procedure. — Bates on Equity Procedure, vol. 2, § 635. “A suit in equity which is perfect in its institution may, by some event subsequent to the filing of the original bill, become either (1) defective, or (2) abated, or (3) both defective .and abated.” — Ibid., § 633.
Although the statute may provide' a summary method for reviving such suits, the right to resort to this remedy is not…
2Cases cited8 opinions
- Lacey v. Davis & McFarrenMichigan Supreme Court · 1856
- Burns v. LewisSupreme Court of Georgia · 1891
- Bassett v. WelchWisconsin Supreme Court · 1867
- Cochrane v. ParkerColorado Court of Appeals · 1898
- Jacks v. DyerSupreme Court of Arkansas · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Stetler v. WinegarSupreme Court of Colorado · 1924
- Whatley v. WoodSupreme Court of Colorado · 1961
- Charles E. Gibson Co. v. ElzeSupreme Court of Colorado · 1930
- RTV, L.L.C. v. Grandote International Ltd.Colorado Court of Appeals · 1996
- Miller v. First National Bank of EnglewoodSupreme Court of Colorado · 1968
3 more not listed; retrieve them via the Exa API.