Rose v. Otis
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. Action to recover compensation for work and labor. Otis, the plaintiff below, brought this action originally against James Rose and Elizabeth Rose, husband and wife, as joint defendants, to recover for work and labor performed by him as a gardener and general laborer for the defendants and at their request.
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Appeal from the District Court of Arapahoe County. Action to recover compensation for work and labor. Otis, the plaintiff below, brought this action originally against James Rose and Elizabeth Rose, husband and wife, as joint defendants, to recover for work and labor performed by him as a gardener and general laborer for the defendants and at their request. The complaint was based upon a quanturn meruit for such services from December 1,1882, to June 1, 1887, — four and a half years. By an amended complaint, James Rose was dismissed as a party defendant, and the action was continued against…
1Opinion of the CourtJustice Elliott
1. The second defense of the answer was not sufficient in law. It was to the effect that at all the times in the amended complaint mentioned, the defendant Elizabeth was, and still is, the wife of James Rose, and at all times aforesaid resided and still resides with her said husband in the county of Arapahoe aforesaid. The matters so pleaded constituted no bar to the plaintiff’s cause of action. Notwithstanding her coverture, the defendant, Mrs. Rose, was competent to employ plaintiff as charged in the complaint. A married woman may, in this state, enter into any contract, express or implied,…
2Cases cited7 opinions
- Wells v. CaywoodSupreme Court of Colorado · 1877
- Colorado Cent. R. v. AllenSupreme Court of Colorado · 1889
- O'Brien v. PeopleSupreme Court of Colorado · 1892
- Marsh v. CramerSupreme Court of Colorado · 1891
- Sutton v. DanaSupreme Court of Colorado · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Williams v. District Court, El Paso CountySupreme Court of Colorado · 1985
- Mitsunaga v. PeopleSupreme Court of Colorado · 1912
- Coplin v. PeopleSupreme Court of Colorado · 1919
- State v. DuncanMontana Supreme Court · 1928
- Bunce v. Mc MahonWyoming Supreme Court · 1895
8 more not listed; retrieve them via the Exa API.