Hochstadter v. Hays
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Suit commenced by Adolph P. Hochstadter et al. against Mary P. Hays et al. in the county court of Arapahoe county, July 23, 1881, by filing complaint, affidavit in attachment, undertaking and cost bond. Judgment for plaintiff, and appeal to the district court. Trial in the district court, judgment for defendant, and appeal to the supreme court.
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Appeal from District Court of Arapahoe County. Suit commenced by Adolph P. Hochstadter et al. against Mary P. Hays et al. in the county court of Arapahoe county, July 23, 1881, by filing complaint, affidavit in attachment, undertaking and cost bond. Judgment for plaintiff, and appeal to the district court. Trial in the district court, judgment for defendant, and appeal to the supreme court. The plaintiffs complain of the defendants, partners under the firm name of Hays & Jones, and allege that the defendants were indebted to the plaintiffs in the sum of $665.50, upon account, for goods sold…
1Opinion of the CourtElbert, J.
We do not notice- the cross-error assigned by appellee. If there were defects of proofs upon the part of the plaintiff, and the evidence offered by the defendant after his motion for nonsuit was overruled supplied such defects, then error cannot be- assigned upon the action of the court denying the motion for nonsuit. Railway Co. v. Henderson, 13 Pac. Rep. 911. We must determine the right of the plaintiff to recover upon all the- evidence. The defendant Mary E. Hays was a married woman living in the state of Missouri at the date of the contract sued upon. She pleads her coverture and want of…
2Cases cited15 opinions
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Whitesides v. CannonSupreme Court of Missouri · 1856
- Davis v. SmithSupreme Court of Missouri · 1881
- Morrison v. ThistleSupreme Court of Missouri · 1878
- Coughlin v. RyanSupreme Court of Missouri · 1868
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3Cited by3 opinions
- Bates v. WilsonSupreme Court of Colorado · 1890
- Melnick v. BowmanSupreme Court of Colorado · 1938
- Melnick v. BowmanSupreme Court of Colorado · 1938