Henderson v. Johns
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Appeal from a decision overruling appellant’s demurrer to appellee’s complaint. In the court below Hugh Butler and Anson Wolcott were joined as defendants with appellant; the following facts being alleged in the complaint: “First.
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Appeal from District Court of Arapahoe County. Appeal from a decision overruling appellant’s demurrer to appellee’s complaint. In the court below Hugh Butler and Anson Wolcott were joined as defendants with appellant; the following facts being alleged in the complaint: “First. That on, to wit, the 13th day of August, 1885, he was the owner of the undivided three-sixteenths of the Pocohontas lode and mining claim, and the undivided one-half of the Bockport lode and mining claim, both situate in the Tomichi mining district, in the county of Gunnison and state of Colorado. “ Second. That on the…
1Opinion of the CourtJustice Hayt
The causes of demurrer in this case are assigned in the language of section 49 of the Civil Code, without any specification of the particular defects relied upon to sup*285port the same; and we are asked, as a preliminary question, to pass upon the sufficiency of the statement of the second and third causes of demurrer to raise any question for the court to pass upon. Generally, such defects as are made causes of demui’rer must be taken advantage of in that manner, if they appear upon the face of the complaint, and, if they do not so appear, then by answer; otherwise they are treated as waived.…
2Cases cited4 opinions
- Brown v. MartinCalifornia Supreme Court · 1864
- Kent v. SnyderCalifornia Supreme Court · 1866
- Gilpin County Mining Co. v. DrakeSupreme Court of Colorado · 1885
- McMullen v. VanzantIllinois Supreme Court · 1874
3Cited by16 opinions
- Marcellus v. WrightMontana Supreme Court · 1916
- O'Rourke v. City of Sioux FallsSouth Dakota Supreme Court · 1893
- Wolcott v. JohnsColorado Court of Appeals · 1896
- Sabin v. AndersonOregon Supreme Court · 1897
- Stephens v. ParvinSupreme Court of Colorado · 1904
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