Tucker v. McCoy

This case was brought here once before (3 Colo. 284), and the decree was- reversed on the ground of defective pleadings, and the cause remanded, with leave *369to file amended pleadings, without prejudice to the testimony already taken. The record now brought up shows that such amended pleadings were filed, additional testimony taken in accordance with the issues thus made, a hearing had thereon, and decree rendered in favor of McCoy, the defendant below. The error assigned is that the finding and decree are erroneous in that, upon the evidence in the case, they should have been in favor of the…