Robert E. Lee S. M. Co. v. Englebach
Supreme Court of Colorado
Error to the District Court of Lake County. The complaint alleges that The Robert E. Lee Silver Mining Company, plaintiff in error here and defendant below, is indebted to A. L. Englebach et al., defendants in error, in the sum of 1573.32 for materials and work furnished between November 1, 1886, and the 10th day of November, 1888. Two bills of particulars were furnished covering the amount claimed. It is claimed that the items included in the first bill were ordered by Wm.
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Error to the District Court of Lake County. The complaint alleges that The Robert E. Lee Silver Mining Company, plaintiff in error here and defendant below, is indebted to A. L. Englebach et al., defendants in error, in the sum of 1573.32 for materials and work furnished between November 1, 1886, and the 10th day of November, 1888. Two bills of particulars were furnished covering the amount claimed. It is claimed that the items included in the first bill were ordered by Wm. C. Boschen, at the time manager and agent of the plaintiff in error, and that one Clint Roudebush was such manager and…
1Opinion of the CourtChief Justice Hayt
A number of errors are assigned to the proceedings in the court below. The errors pressed in this court may all be considered under three heads: First, is the evidence sufficient to warrant a judgment for plaintiffs; second, did the court err in striking out the defendant’s motion for a new trial filed at a term subsequent to the term at which the cause was tried; and third, did the court err in overruling defendant’s motion to set aside the judgment and for a new trial of the cause under section 75 of the Code?
1. The evidence shows beyond controversy that work was performed and materials…
2Cases cited1 opinion
- Clark v. PerrySupreme Court of Colorado · 1891
3Cited by21 opinions
- Combs v. Agricultural Ditch Co.Supreme Court of Colorado · 1892
- Wales v. MowerSupreme Court of Colorado · 1908
- Burnell v. MorrisonSupreme Court of Colorado · 1909
- Donald v. BradtColorado Court of Appeals · 1900
- McConnell v. SchultzColorado Court of Appeals · 1912
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