McKee v. Howe
Supreme Court of Colorado
Appeal from District Court of Rio Grande ■ County. Action by administrator to remove cloud from title to certain real estate alleged to belong to his intestate. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtJustice Elliott
The plaintiff below, John L. Howe, brought this action as administrator of one Daniel R. Hoover, deceased.
-It is assigned for error that the complaint does not state facts sufficient to constitute a cause of action. In the court below this objection was first interposed as a part of the answer ; it might have been presented separately by demurrer; but as such an objection may be raised at any time, it must now be considered. Code, secs. 50-55.
- The averments of the complaint-are to the effect that Hoover in his lifetime, that is, in March, 1888, was the lessee for a term of years of a certain…
2Cases cited7 opinions
- Filmore v. ReithmanSupreme Court of Colorado · 1881
- McFarland v. StoneSupreme Court of Vermont · 1845
- Love v. MikalsIndiana Supreme Court · 1858
- Hubbard v. RicartSupreme Court of Vermont · 1831
- Keeler v. TruemanSupreme Court of Colorado · 1890
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3Cited by19 opinions
- Shannon v. LongSupreme Court of Alabama · 1912
- Moeller v. GormleyWashington Supreme Court · 1906
- Insurance Co. of North America v. BonnerSupreme Court of Colorado · 1897
- Galleria Towers, Inc. v. Crump Warren & Sommer, Inc.Colorado Court of Appeals · 1991
- Bonfils v. McDonaldSupreme Court of Colorado · 1928
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