Marriott v. Clise
Supreme Court of Colorado
Error to County Court of Arapahoe County. This is a contest between two individuals who constituted the parties defendant below. The action in which the questions upon this record arose was instituted in the county court by A. B. Sullivan and Charles D. May, plaintiffs, against Fred. A. Marriott, defendant.
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Error to County Court of Arapahoe County. This is a contest between two individuals who constituted the parties defendant below. The action in which the questions upon this record arose was instituted in the county court by A. B. Sullivan and Charles D. May, plaintiffs, against Fred. A. Marriott, defendant. The purpose of the suit was to recover from the defendant, Marriott, the sum of $755, alleged to be due on a promissory note executed by him, payable to the order of Maria L. Bussell, and by her assigned to the plaintiffs. The defendant answered the complaint, denying that any sum of money…
1Opinion of the Court
Richmond, O.
All of the errors assigned can be considered under two heads: First, was it in the power of the court to grant leave to file a demurrer, after issue joined and trial had, for the reason that the cross-complaint did not state facts sufficient to constitute a cause of action? Second, were the facts set up in the cross-complaint or counter-claim sufficient to constitute a cause of action against defendant in error, Clise?
As to the first proposition, it would seem that, in view of the right to raise this question at any time during the progress of the cause in any and every Court, the…
2Cases cited9 opinions
- Grain v. AldrichCalifornia Supreme Court · 1869
- Hentsch v. PorterCalifornia Supreme Court · 1858
- Herfort v. CramerSupreme Court of Colorado · 1884
- Hall v. LinnSupreme Court of Colorado · 1885
- Emery v. YountSupreme Court of Colorado · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Insurance Co. of North America v. BonnerSupreme Court of Colorado · 1897
- Schiffer v. AdamsSupreme Court of Colorado · 1889
- Bothwell v. Denver Union Stockyards Co.Supreme Court of Colorado · 1907
- Denver & R. G. R. Co. v. WagnerCourt of Appeals for the Eighth Circuit · 1908
- Gordon v. City of OmahaNebraska Supreme Court · 1906
2 more not listed; retrieve them via the Exa API.