Hamill v. Hall
Colorado Court of Appeals
Error to the Distriot Court of Clear Creek County. Defendants in error (plaintiffs below) brought suit against plaintiff in error alleging an indebtedness of $1,893.75 “for the balance of a mutual and open account current for (naming the goods) goods sold and delivered by the plaintiffs to the defendant at his request, work done and performed by plaintiffs for the defendant at his request, and for moneys had and received by the defendant for the use of the plaintiffs between…
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Error to the Distriot Court of Clear Creek County. Defendants in error (plaintiffs below) brought suit against plaintiff in error alleging an indebtedness of $1,893.75 “for the balance of a mutual and open account current for (naming the goods) goods sold and delivered by the plaintiffs to the defendant at his request, work done and performed by plaintiffs for the defendant at his request, and for moneys had and received by the defendant for the use of the plaintiffs between Nov. 1, 1882, and Nov. 4,1891.” Defendant answered, 1st, traversing each allegation of the complaint and denying any…
1Opinion of the CourtReed, J.
In regard to the first supposed error, sec. 176 of the Civil Code is as follows : “ When a cause is regularly reached upon the calendar, either party may bring the issue to a trial or to a hearing, and in the absence of the adverse party, unless the court for good cause otherwise direct, the party appearing may proceed with his ease and take a finding, verdict, or judgment, or dismissal of the action, as the'case may require.”
The cause having been set and reached for trial the plaintiff could legally insist upon a trial in the absence of the defendant. Neither defendant nor counsel appeared.…
2Cited by8 opinions
- Tynon v. DespainSupreme Court of Colorado · 1896
- McLure v. KoenSupreme Court of Colorado · 1898
- Salomon v. McRaeColorado Court of Appeals · 1896
- Expansion Gold Mining & Leasing Co. v. CampbellSupreme Court of Colorado · 1917
- Holmes v. HughesArizona Supreme Court · 1924
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