Daniels v. City of Denver
Supreme Court of Colorado
Error to District Court, Arapahoe County. The declaration is sufficiently stated in the opinion. Th e trial was upon the general issue, and plaintiffs obtained a verdict for $3,000 damages. The city moved in arrest of judgment, which was allowed, and the plaintiffs sued out this writ of error.
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Error to District Court, Arapahoe County. The declaration is sufficiently stated in the opinion. Th e trial was upon the general issue, and plaintiffs obtained a verdict for $3,000 damages. The city moved in arrest of judgment, which was allowed, and the plaintiffs sued out this writ of error. A bill of exceptions which appeared in the transcript, and which embraced the written motion upon which judgment was arrested, having been quashed on a former day of this term, it was said in argument that the ruling of the district court upon that motion was not open for review; that this court must…
1Opinion of the CourtHallett, C. J.
A motion in arrest of judgment is a part of the record, without a bill of exceptions or other authentication, and the question here presented is, whether the declaration will support the verdict. Formal defects cannot be regarded, and we are to presume that all things implied in or inferable from what is alleged were proved before the jury. Gf-ould’s Pleadings, 495, Cap X, §§ 11 and 12.
But, if it is claimed that facts, not in any manner referred to in the declaration, may now be imported to sustain the verdict, upon the ground that a liberal rule in regard to amendments has been adopted in…
2Cases cited1 opinion
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
3Cited by5 opinions
- Evans v. Board of County CommissionersSupreme Court of Colorado · 1971
- Foote v. Larimer County Bank & Trust Co.Supreme Court of Colorado · 1927
- HILL v. City of GreenvilleSupreme Court of South Carolina · 1953
- Messer v. Gulf, C. & S. F. Ry. Co.Court of Appeals of Texas · 1912
- Evans v. Board of County CommissionersSupreme Court of Colorado · 1971