Robbins v. Butler
Supreme Court of Colorado
Appeal from District Court of A rapahoe County. Hugh Butler, who was plaintiff below, brought this action to recover reasonable attorney’s fees for services rendered appellants, who were defendants below. The complaint contained a general allegation as to the suits prosecuted and defended, and other professional labor performed.
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Appeal from District Court of A rapahoe County. Hugh Butler, who was plaintiff below, brought this action to recover reasonable attorney’s fees for services rendered appellants, who were defendants below. The complaint contained a general allegation as to the suits prosecuted and defended, and other professional labor performed. Defendants’ answer, after denying the averments of the complaint, sets up, as separate and distinct defenses — First, that the services were reasonably worth but $500, which sum had been paid plaintiff, and received and accepted by him as full satisfaction; second,…
1Opinion of the CourtChief Justice Helm
Appellants’ objection, resting upon the sufficiency of the pleadings, must be overruled. In the first place, it nowhere appears in the record that they reserved any exception to the ruling of the court in denying their motion for judgment upon the pleadings. At the time this cause was tried, in order to secure a review by this court, it was not only necessary that objection be made, but also that exception be duly saved. But secondly, if we assume that the exception in question was taken, and proceed to consider the sufficiency of the pleadings, counsel’s challenge must still be denied. Upon…
2Cited by7 opinions
- Stubbs v. McGillisSupreme Court of Colorado · 1908
- Miller v. Village of MullanIdaho Supreme Court · 1909
- Storm & Butts v. LipscombCalifornia Court of Appeal · 1931
- Raski v. WiseOregon Supreme Court · 1910
- Rayburn v. HurdOregon Supreme Court · 1891
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