Legal Opinion

Mosca Town Co. v. Wellington

Supreme Court of Colorado

Decided January 15, 1907No. 5218; No. 2832 C. APublishedCited by 9 opinions

Appeal from the District Court of Costilla County. Hon. Chas. C. Holbrook, Judge. Action by The Mosca Town Company against L. C. Wellington and W. H. Breene and Homer Gray. From a judgment for defendants, plaintiff appeals.

1Opinion of the CourtJustice Caswell

• ■ Appellant, a corporation and plaintiff below, brought suit in the district court of Costilla county to recover the value of certain lumber and other items of personal property described in the complaint. The appellee Wellington filed an answer. The trial was had in the district court, a jury being waived. A motion was made to make the answer more definite and certain, which was overruled, and the action of the judge in overruling same is assigned for error. The case was tried to the court and there seems to have been no restrictions as to the admission of evidence under the issues as…

2Cases cited2 opinions

  1. Cary Hardware Co. v. McCartyColorado Court of Appeals · 1897
  2. Roseville Alta Min. Co. v. Iowa Gulch Min. Co.Supreme Court of Colorado · 1890

3Cited by9 opinions

  1. American Process Co. v. Florida White Pressed Brick Co.Supreme Court of Florida · 1908
  2. Cole v. COLORADO SPRINGS COMPANYSupreme Court of Colorado · 1963
  3. Malone v. KitchenIndiana Court of Appeals · 1922
  4. New Hebron Consol. School Dist. v. SuttonMississippi Supreme Court · 1928
  5. E-470 Public Highway Authority v. Argus Real Estate Partners, Inc.Colorado Court of Appeals · 2002

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