Martin v. Skehan
Supreme Court of Colorado
Error, to Probate Court, Arapahoe County. Thu action was founded upon a promissory note. The pleas referred to in the opinion were first filed June 9,1874. On the 15th day of that month they were stricken from the files on motion of plaintiffs; and, on motion of defendant, leave was granted him to file an affidavit of merits, and to refile the same pleas.
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Error, to Probate Court, Arapahoe County. Thu action was founded upon a promissory note. The pleas referred to in the opinion were first filed June 9,1874. On the 15th day of that month they were stricken from the files on motion of plaintiffs; and, on motion of defendant, leave was granted him to file an affidavit of merits, and to refile the same pleas. Defendant then put in an affidavit of merits, which appeared to have been sworn before A. Q. MacGregor, a notary public, on the 1st day of June, 1874, and refiled the same pleas, together with an additional plea. Mr. MacGregor appeared of…
1Opinion of the CourtBbazee, J.
The rulings excepted to in the court below, assigned for error, as stated in the abstract, are as follows: The probate court erred in overruling the motion of plaintiff in error for judgment nihil dioit, filed July 12, 1874. Also, in permitting the defendant, Patrick A. Skehan, to refile said pleas after the motion to strike out the same had been sustained. Also, in vacating the judgment rendered in favor of the plaintiffs, and in permitting the defendant, Patrick A. Skehan, to plead in said action, and in continuing said cause for that purpose. Also, in ordering the plaintiff to reply to…
2Cited by4 opinions
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- Nelson v. ChittendenSupreme Court of Colorado · 1912
- Frybarger v. McMillenSupreme Court of Colorado · 1890
- Milner Bank & Trust Co. v. Estate of WhippleSupreme Court of Colorado · 1916