Jaeger v. Whitsett
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. . This was a suit in equity, commenced by John G. Jaeger, the appellant, in the district court of Arapahoe county, to recover money claimed to be due him by the appellees, Bichard E. Whitsett and Fox Diefendorf, for an alleged fraud practiced upon Mm by tbe appellees in tbe sale and conveyance of two lots in Larimer street in tbe city of Denver, and also to cancel tbe deed.
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Appeal from District Court of Arapahoe County. . This was a suit in equity, commenced by John G. Jaeger, the appellant, in the district court of Arapahoe county, to recover money claimed to be due him by the appellees, Bichard E. Whitsett and Fox Diefendorf, for an alleged fraud practiced upon Mm by tbe appellees in tbe sale and conveyance of two lots in Larimer street in tbe city of Denver, and also to cancel tbe deed. Tbe bill was dismissed upon tbe final bearing and a decree rendered in favor of "Wbitsett and Diefendorf, tbe defendants below, for costs. Thereupon Jaeger prosecutes tbis…
1Opinion of the CourtHallett, C. J.
Tbe first objection is, that one of tbe defendants in tbe bill was not before tbe court when tbe decree was entered, and tbis, if correct, must have been because of tbe omission of appellant to serve him with process. Appellant was complainant in tbe bill, and if be proceeded to bearing and decree without bringing the proper parties into court, tbe error, if any was committed, is bis own. Tbe decree, however, recites that both defendants appeared, and tbe appeal bond was given to both of them. Upon tbis we are authorized to assume, in tbis appeal at least, that Diefendorf is a party to tbe…
2Cases cited1 opinion
- Mooney v. MillerMassachusetts Supreme Judicial Court · 1869
3Cited by9 opinions
- Parker v. McGintySupreme Court of Colorado · 1925
- Hooper v. Capitol Life InsuranceSupreme Court of Colorado · 1933
- Standard Oil Co. v. Oil, Chemical & Atomic Workers International UnionCalifornia Court of Appeal · 1972
- Willard v. OstranderSupreme Court of Kansas · 1891
- O'Brien v. HoustonSupreme Court of Colorado · 1927
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