Briggs v. Bruce
Supreme Court of Colorado
Appeal from County Court of Weld County. This was a proceeding to enforce a mechanic’s lien upon certain premises situate near the town of Erie, in Weld county.
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Appeal from County Court of Weld County. This was a proceeding to enforce a mechanic’s lien upon certain premises situate near the town of Erie, in Weld county. The plaintiff, John Bruce, in his complaint alleges that he entered into a contract with the defendant, Henry Briggs, on or about the 1st day of December, 1881, to do certain work by the day, and as a mechanic, upon a building owned by the defendant, for the sum of $75; that he began the work about December 1, and finished about December 20, 1881; and that there remains unpaid and due on said contract the sum of $64.25. The complaint…
1Opinion of the CourtBeck, C. J.
The first error assigned is the refusal of the court to dismiss the action as to all claims, except the sum of $26, on account of the failure of the plaintiff to reply to the second and third defenses. The effect of plaintiff’s failure to reply to the answer was to admit as true the averment of the payment by the defendant of the sum of $50 on account of the indebtedness mentioned in the complaint. Sections 75 and 76, Civil Code; Bliss, Code PI. § 396. Upon the pleadings as they stood at the time the motion to dismiss was interposed, there was due the plaintiff the sum of $26, together with…
2Cases cited1 opinion
- Kimball v. GearhartCalifornia Supreme Court · 1859
3Cited by1 opinion
- Ingram v. Bank of CommerceNebraska Supreme Court · 1925