Harris v. Harris
Colorado Court of Appeals
Appeal from, the District Court of Arapahoe County. The action was brought to enforce a mechanic’s lien against certain lots and a building. At the time the contract for building was filed, also at the time of the filing of the petition for a lien, the title to the lots was in John'H. Harris. The property was, it appears, conveyed to Maud H. Harris, the other appellee.
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Appeal from, the District Court of Arapahoe County. The action was brought to enforce a mechanic’s lien against certain lots and a building. At the time the contract for building was filed, also at the time of the filing of the petition for a lien, the title to the lots was in John'H. Harris. The property was, it appears, conveyed to Maud H. Harris, the other appellee. On the 5th of March, 1893, John H. Harris, the record owner, made an agreement with William Miller to erect a building upon the lots. March 6, 1893, Miller made a contract with appellants by which they, for the sum of $250,…
1Opinion of the CourtReed, P. J.
The only question for determination is the correctness of the judgment of the court in finding and entering judgment for the defendant upon the pleadings.
In Rice v. Bush, 16 Colo. 484, it is said: “ In passing upon a motion by one party for judgment upon the pleadings, after issue joined, all the material allegations of the opposite party must be taken as true; and if the pleadings of the opposite party, though defective in form, are nevertheless sufficient in substance to sustain a judgment in his favor, the motion should not be granted. In general, a motion for judgment upon the pleadings…
2Cases cited11 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Reeder v. . SayreNew York Court of Appeals · 1877
- Rice v. BushSupreme Court of Colorado · 1891
- Pool v. Wedemeyer & SchulteTexas Supreme Court · 1882
- Davies Henderson Lumber Co. v. GottschalkCalifornia Supreme Court · 1889
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mills v. HartSupreme Court of Colorado · 1898
- Watson v. American Creosote Works, Inc.Supreme Court of Oklahoma · 1938
- Childers v. BairdSupreme Court of Colorado · 1915
- Richards v. StewartSupreme Court of Colorado · 1912
- Nelson v. ChittendenSupreme Court of Colorado · 1912
11 more not listed; retrieve them via the Exa API.