Board of County Commissioners v. Leonard
Supreme Court of Colorado
Appeal from, the District Court of Car field County. Appellee, as plaintiff in the court helow, brought this action to recover from appellant, as defendant, the sum of $4,197.40, which he claimed as statutory fees due him for services rendered as clerk of the board of county commissioners, and for fees and the reasonable value of services performed as county clerk of Garfield county, between January 10, 1888, and January 1, 1891. On the first trial of the cause, the district…
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Appeal from, the District Court of Car field County. Appellee, as plaintiff in the court helow, brought this action to recover from appellant, as defendant, the sum of $4,197.40, which he claimed as statutory fees due him for services rendered as clerk of the board of county commissioners, and for fees and the reasonable value of services performed as county clerk of Garfield county, between January 10, 1888, and January 1, 1891. On the first trial of the cause, the district court held that appellee was not entitled to recover anything. From this judgment he sued out a writ of error to the…
1Opinion of the CourtJustice Gabbert
The questions raised by counsel for appellee on the propositions that the ruling on the demurrer to the complaint cannot be reviewed, or the materiality or sufficiency of the evidence to support the judgment rendered be determined, because no exception was taken to such ruling, and that no objections or exceptions were interposed to the introduction of evidence, will first be considered.
The question of the sufficiency of a complaint may be raised for the first time on appeal, and therefore, the failure to reserve air exception (if one was necessary), to the ruling of the trial court, on the…
2Cases cited9 opinions
- Roberts v. PeopleSupreme Court of Colorado · 1886
- Cole v. White CountySupreme Court of Arkansas · 1877
- State ex rel. Pollard v. BrewerSupreme Court of Alabama · 1877
- Jones v. City of PetalumaCalifornia Supreme Court · 1868
- Board of Commissioners v. BarnesIndiana Supreme Court · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Grover Irrigation & Land Co. v. Lovella Ditch, Reservoir & Irrigation Co.Wyoming Supreme Court · 1913
- State ex rel. Delgado v. RomeroNew Mexico Supreme Court · 1912
- Merwin v. Board of County CommissionersSupreme Court of Colorado · 1901
- McGovern v. City & County of DenverSupreme Court of Colorado · 1913
- Mitchell v. WheelerColorado Court of Appeals · 1904
5 more not listed; retrieve them via the Exa API.