Lyon v. Washburn
Supreme Court of Colorado
Error to Probate Court of Clear CreeJc County. This was an action in assumpsit for rent. The cause was commenced by Levi EL Shepard, the agent and attorney of Emma Washburn, against Henry E. Lyon, before a justice of the peace. The plaintiff recovered a judgment from which the defendant appealed to the probate court of Clear Creek county.
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Error to Probate Court of Clear CreeJc County. This was an action in assumpsit for rent. The cause was commenced by Levi EL Shepard, the agent and attorney of Emma Washburn, against Henry E. Lyon, before a justice of the peace. The plaintiff recovered a judgment from which the defendant appealed to the probate court of Clear Creek county. Upon a trial de novo in the latter court, without a jury, Shepard, on the part.of the plaintiff, testified: “In September, 1873, I received a letter from Emma Washburn, which letter was lost, asking me to act as her'agent and collect her rent in Georgetown.”…
1Opinion of the CourtWells, J.
1. Whether in any conceivable case the title to land may be so in dispute in an action to recover rents, or for the use and occupation of lands, as to exclude the jurisdiction of the justice of the peace, is not necessary to be now determined. At the close of the case made by the plaintiff in the court below, the defendant put in his testi-. mony and submitted the whole matter to the determination of that court upon the merits without excepting to the jurisdiction in any form. The tacit stipulation which is to be implied from his conduct in this respect is equivalent in its effect to an…
2Cases cited3 opinions
- Tewksbury v. MagraffCalifornia Supreme Court · 1867
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- Fuller v. SweetMichigan Supreme Court · 1874
3Cited by13 opinions
- Edwards v. SmithSupreme Court of Colorado · 1891
- Koelmel v. KaelinIllinois Supreme Court · 1940
- Randall v. LingwallOregon Supreme Court · 1903
- People's Sec. Bank v. SandersonSouth Dakota Supreme Court · 1909
- Hodges v. WatersSupreme Court of Georgia · 1905
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