Moffat v. Dickson
Supreme Court of Colorado
Error to County Court of Summit County. 0 Assumpsit was brought in the county court of Summit county, by Dickson, the defendant in error, against Moffat and Shrock, the plaintiffs in error. Summons was issued directed to the sheriff of Jefferson county, service was had, and the defendants appeared and pleaded to the jurisdiction. The plaintiff demurred generally, and assigned special causes of demurrer to this plea.
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Error to County Court of Summit County. 0 Assumpsit was brought in the county court of Summit county, by Dickson, the defendant in error, against Moffat and Shrock, the plaintiffs in error. Summons was issued directed to the sheriff of Jefferson county, service was had, and the defendants appeared and pleaded to the jurisdiction. The plaintiff demurred generally, and assigned special causes of demurrer to this plea. The demurrer was sustained, and defendants were ruled “ to plead over forthwith,” and the defendants not complying with the rule, on that same day judgment was entered by default.…
1Opinion of the CourtElbert, J.
The demurrer to defendant’s plea was properly sustained. The averment that “ the contract upon which said cause of action was brought and no part thereof was made specifically payable in said county,” is uncertain and repugnant. It is an averment that the contract, as an entirety, was payable in said county, but that no part of it was payable there. It cannot be aided by intendment, and that construction is to be adopted which is most unfavorable to the party pleading.
Upon sustaining the demurrer the court ruled the defendants to answer over forthwith, and upon failure to answer over entered…
2Cases cited2 opinions
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- In re DekayNew York Court of Chancery · 1834
3Cited by5 opinions
- United States v. BellDistrict Court, S.D. California · 1943
- Burkett v. ClarkNebraska Supreme Court · 1895
- Gunn v. LauderNorth Dakota Supreme Court · 1901
- People in Interest of ClintonColorado Court of Appeals · 1987
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1941