Streeter v. Marshall Silver Mining Co.
Supreme Court of Colorado
Appeal from District Court of Clear Creelc County. Debt upon an injunction bond, wherein the Marshall Silver Mining Company and. others, the appellees, were plaintiffs, and Eli P. Streeter, Walter 1ST. Webster, impleaded, •with Philip Paul, were defendants.
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Appeal from District Court of Clear Creelc County. Debt upon an injunction bond, wherein the Marshall Silver Mining Company and. others, the appellees, were plaintiffs, and Eli P. Streeter, Walter 1ST. Webster, impleaded, •with Philip Paul, were defendants. The declaration is in debt, in the usual form, on an injunction bond, in a case in which Walter 1ST. Webster and Joseph Eist were complainants and the above-named appellees were defendants, in • which injunction was granted to restrain the said appellees from working certain property on the Seneca and Cayuga lodes in the County of Clear…
1Opinion of the CourtElbert, J.
There was no appearance in the court below by the defendant Paul. -
Where counsel, in the first of a series of pleas filed, expressly designate 'the defendants for whom they appear, the use of the words “the said defendants” or “the defendants ” in the subsequent pleas designate the defendants named in the first plea and cannot fairly be held to be an appearance for a defendant served but not named in the *540first plea. Gargan et al. v. School District No. 15 (ante, p. 53), and cases there cited. There being no appearance by the defendant Paul, it was error to enter final judgment against all the…
2Cited by7 opinions
- White v. WhiteWest Virginia Supreme Court · 1909
- Gray v. LintonSupreme Court of Colorado · 1906
- Radinsky v. WeaverSupreme Court of Colorado · 1969
- Clifford v. Denver, South Park & Pacific RailroadSupreme Court of Colorado · 1886
- Gilmore v. RubeckColorado Court of Appeals · 1985
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