Andrews v. Carlile
Supreme Court of Colorado
JSrror to the District Court of Pueblo County. The defendants in error instituted four actions in ejectment against a large number of persons, including plaintiffs-in error, to recover possession of lots 1 and 2, of the southwest quarter of section 31, township 20 south, of range 64 west. The complaints allege a joint cause of action against all of the defendants, and prajr for joint relief, both as to recovery of possession of the property, and damages.
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JSrror to the District Court of Pueblo County. The defendants in error instituted four actions in ejectment against a large number of persons, including plaintiffs-in error, to recover possession of lots 1 and 2, of the southwest quarter of section 31, township 20 south, of range 64 west. The complaints allege a joint cause of action against all of the defendants, and prajr for joint relief, both as to recovery of possession of the property, and damages. The plaintiffs in error filed separate answers, setting up a several occupancy of particular portions of the land by them respectively, and…
1Opinion of the CourtJustice Goddard
The objections urged against the judgment in this case are more technical than substantial. The right of defendants in *372error to institute a joint action against all of the defendants is clear; and the right of defendants to make separate defenses, and to demand separate trials, is equally well established. Love v. Wilbourn, 5 Iredell, 344; Jackson v. Woods et al., 5 Johns. Rep. 278; Greer et al. v. Mezes et al., 24 How. (U. S.) 268; Walker v. Read, 59 Tex. 187; Smith et al. v. Shackleford, 9 Dana, 452.
Yet it does not follow that because defendants filed separate answers, setting up a separate…
2Cases cited10 opinions
- Kayser v. MaughamSupreme Court of Colorado · 1885
- Winans v. ChristyCalifornia Supreme Court · 1854
- Martin v. ForceSupreme Court of Colorado · 1877
- Becker v. PughSupreme Court of Colorado · 1886
- Smith v. ShacklefordCourt of Appeals of Kentucky · 1840
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rich v. CollinsColorado Court of Appeals · 1899
- Carnahan v. ConnollyColorado Court of Appeals · 1902
- Champion Empire Mining Co. v. BirdColorado Court of Appeals · 1896
- Carnahan v. ConnollyColorado Court of Appeals · 1902
- Champion Empire Mining Co. v. BirdColorado Court of Appeals · 1896
5 more not listed; retrieve them via the Exa API.