Lamon v. Zamp

On Rehearing.

Me. Justice Denison.

We overlooked, in our original consideration of this writ of error, the point made by plaintiff in error that the plaintiff Zamp in the county court waived the objection that the required bond had not been filed. After the appeal had been docketed in the county court, plaintiff, without objection to the jurisdiction, moved for and obtained a judgment on the pleadings which was reversed in this court. Lamon v. Zamp, 81 Colo. 90, 253 Pac. 1056. The case having been remanded and set for trial, the plaintiff, when it was called for trial, moved to dismiss the…