Rice v. Van Why
Supreme Court of Colorado
Appeal from Teller District Court — Hob. Louis W. Cunningham, Judge. This is au actiou by Mrs. W. A. Vau Why, begun December 5, 1899, in the district court of Teller county,.to recover $5,000.00 from D. H. Bice and W. B. Coe, co-partners under the firm name and style of The Joe Dandy Gold Mining Company, engaged in operating and developing the Joe Dandy lode mining claim in the Cripple Creek District, for the death of her husband, which occurred while employed by the…
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Appeal from Teller District Court — Hob. Louis W. Cunningham, Judge. This is au actiou by Mrs. W. A. Vau Why, begun December 5, 1899, in the district court of Teller county,.to recover $5,000.00 from D. H. Bice and W. B. Coe, co-partners under the firm name and style of The Joe Dandy Gold Mining Company, engaged in operating and developing the Joe Dandy lode mining claim in the Cripple Creek District, for the death of her husband, which occurred while employed by the defendants in that work, through, as is said, their negligence in failing to supply a proper and reasonably safe hoist on the…
1Opinion of the CourtJustice Bailey
The first point urged for reversal is that the second amended complaint, upon which issue was joined and trial had, was not verified, and was therefore a nullity, because the original complaint was verified, as were the original answer and replication. This amended complaint was without verification. The objection is that it is a nullity, since, under the code, as the original complaint was verified, all subsequent pleadings must be. This objection is not good. Plaintiff, by filing an unverified amended complaint, waived verification of all subsequent pleadings, as she might well do, without…
2Cases cited42 opinions
- Davidson v. . CornellNew York Court of Appeals · 1892
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- Swoboda v. WardMichigan Supreme Court · 1879
- Myers v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1889
- Nadau v. White River Lumber Co.Wisconsin Supreme Court · 1890
37 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Peterson v. HopsonMassachusetts Supreme Judicial Court · 1940
- Wiebe v. SeelyOregon Supreme Court · 1959
- Denver Electric & Neon Service Corp. v. Gerald H. Phipps, Inc.Supreme Court of Colorado · 1960
- Epstein v. City and County of DenverSupreme Court of Colorado · 1956
- Broyles v. Fort Lyon Canal Co.Supreme Court of Colorado · 1985
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