Fitzgerald v. Burke
Supreme Court of Colorado
Appeal from Pitkin County Court. Action upon written contract for sinking shaft upon mining property belonging to the defendant and others.
Read the full summary
Appeal from Pitkin County Court. Action upon written contract for sinking shaft upon mining property belonging to the defendant and others. The complaint alleges the making of the contract, which is given in full in the opinion of the court; and it is further alleged that plaintiff completed the shaft as per contract on the 31st day of August, 1885, at which time he claims there was due him from the defendant as his proportion the sum of $332, of which amount no part has been paid except the sum of $90. Prayer for a judgment, and lien for the balance. The appellant in his answer admits the…
1Opinion of the CourtJustice Hayt
The first two assignments of error are predicated upon ■exceptions taken to the rulings of the court anterior to the filing of the amended complaint. These assignments have not been alluded to in the argument filed upon appeal, and we need not further consider them. The amended complaint superseded the original, and upon *561this pleading, with the answer thereto, appellant, at the trial, moved, for judgment, which motion was overruled by the court, and the ruling is made the basis of the third assignment of error; the contention of the appellant being that, as no replication was filed either to…
2Cases cited5 opinions
- Lewis v. . GreiderNew York Court of Appeals · 1872
- Fuller v. Swan River Placer Min. Co.Supreme Court of Colorado · 1888
- Elliot v. PorterCourt of Appeals of Kentucky · 1837
- Halsey v. DarlingSupreme Court of Colorado · 1889
- McCartny v. Territory of NebraskaNebraska Supreme Court · 1871
3Cited by20 opinions
- Homestead Mining Co. v. ReynoldsSupreme Court of Colorado · 1902
- Welles v. Colorado National Life Assurance Co.Supreme Court of Colorado · 1910
- Peck v. PeckSupreme Court of Colorado · 1905
- Burnell v. MorrisonSupreme Court of Colorado · 1909
- Fralick v. MercerIdaho Supreme Court · 1915
15 more not listed; retrieve them via the Exa API.