Chivington v. Colorado Springs Co.
Supreme Court of Colorado
Appeal from District Court of Pueblo County. This was an action of ejectment. The complaint was as follows: “For that the said plaintiff, on the 1st day of December, A. D. 1865, was possessed of a certain parcel of land with the appurtenances, lying in the county of El Paso, in the state of Colorado, and described as follows, to wit: the north half of the southwest quarter of section 5, township 14 south, range 67 west, of which said lands and tenements the plaintiff is…
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Appeal from District Court of Pueblo County. This was an action of ejectment. The complaint was as follows: “For that the said plaintiff, on the 1st day of December, A. D. 1865, was possessed of a certain parcel of land with the appurtenances, lying in the county of El Paso, in the state of Colorado, and described as follows, to wit: the north half of the southwest quarter of section 5, township 14 south, range 67 west, of which said lands and tenements the plaintiff is seized in fee by and through divers mesne conveyances from the government of the United States to plaintiff, and the…
1Opinion of the CourtHelm, J.
The court committed no error in refusing a ■default for want of answer. Within the period allowed for pleading, defendant filed its motion to quash the sheriff’s return to the summons, and when the application for default was submitted, this motion was still pending. Section 149 of the Civil Code must be construed in connection with the provisions of that instrument that relate to the time of answering. Under this section, as amended in 1881, no default could be entered while the motion to quash remained undetermined.
We shall decline to reverse the judgment because the ■court required…
2Cases cited4 opinions
- Kerr v. RussellIllinois Supreme Court · 1873
- Lickmon v. HardingIllinois Supreme Court · 1872
- Wilson v. South Park CommissionersIllinois Supreme Court · 1873
- Baird v. JacksonIllinois Supreme Court · 1881
3Cited by31 opinions
- Webber v. WannemakerSupreme Court of Colorado · 1907
- Hunt v. HaytSupreme Court of Colorado · 1887
- Watson v. Manitou & Pikes Peak Railway Co.Supreme Court of Colorado · 1907
- American Savings Bank & Trust Co. v. HelgesenWashington Supreme Court · 1911
- Barnes v. Union Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1893
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