Freas v. Engelbrecht
Supreme Court of Colorado
Error to Probate Court of Gilpin County. . Action of debt on an appeal bond. The defendants in error obtained judgment in the probate court of Gilpin county against Freas, one of the plaintiffs in error, for the sum of $301.75. Freas appealed to the supreme court and gave bond with Thomas and Wentworth as his sureties. The appeal was dismissed in the supreme court by defendants in error, for want of prosecution.
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Error to Probate Court of Gilpin County. . Action of debt on an appeal bond. The defendants in error obtained judgment in the probate court of Gilpin county against Freas, one of the plaintiffs in error, for the sum of $301.75. Freas appealed to the supreme court and gave bond with Thomas and Wentworth as his sureties. The appeal was dismissed in the supreme court by defendants in error, for want of prosecution. The defendants in -error thereupon instituted suit upon the appeal bond in .the probate court of Gilpin county. The declaration sets up a joint and several bond, conditioned in the…
1Opinion of the CourtWells, J.
1. Having demurred generally below, the plaintiff in error was, it seems, precluded from moving in arrest of judgment for defects in the declaration. Freeman v. Camden, 7 Mo. 298; 2 Tidd, 740*, 918*; Nouse v. The County of Peoria, 2 Gilm. 106; Graham’s Prac 641.
And having pleaded matter of fact after the overruling of his demurrer, he is precluded now from assigning error upon that decision. We have searched in vain for authority which will relieve from this absurd dilemma. The declaration, whatever it may contain, is, so far as any inquisition of error is concerned, a sealed book. The…
2Cases cited13 opinions
- Drennan v. PeopleMichigan Supreme Court · 1862
- Safford v. StevensCourt for the Trial of Impeachments and Correction of Errors · 1828
- Watson v. HussonThe Superior Court of New York City · 1852
- Karthaus v. OwingsCourt of Appeals of Maryland · 1830
- United States v. De PachecoSupreme Court of the United States · 1858
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Vigil v. GarciaSupreme Court of Colorado · 1906
- State v. BiesmanMontana Supreme Court · 1892
- Boner v. Fall River County BankWyoming Supreme Court · 1917
- McMichael v. GrovesSupreme Court of Colorado · 1890
- Caviness v. PeopleSupreme Court of Colorado · 1900
11 more not listed; retrieve them via the Exa API.