Roman Catholic Congregation of the Annunciation v. O'Leary
Supreme Court of Colorado
Appeal from the District Court of Chaffee County. Appellee in her amended complaint alleges that the defendant is a religious corporation organized and existing under the laws of the state of Colorado; that between the 1, day of July and the 1, day of November, 1892, the plaintiff advanced to the defendant the sum of $8,000 at the special instance and request of the defendant; and that the money was laid out and expended for the use and benefit of the defendant.
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Appeal from the District Court of Chaffee County. Appellee in her amended complaint alleges that the defendant is a religious corporation organized and existing under the laws of the state of Colorado; that between the 1, day of July and the 1, day of November, 1892, the plaintiff advanced to the defendant the sum of $8,000 at the special instance and request of the defendant; and that the money was laid out and expended for the use and benefit of the defendant. The amended answer upon which the case was tried contains a general denial and, also, a special defense based upon an alleged…
1Opinion of the Court
Chiee Justice Hayt
delivered the opinion of the court.
The evidence shows that the defendant corporation was at the time a religious institution having the control and management of a church and also a parochial school in the city of Leadville in this state; that upon February 22, 1892, Rev. Father C. F. O’Leary took charge of the affairs of the church and school under an appointment from the proper church authority, and continued in control until about the 28, day of October, 1892, when he was stricken with paralysis and relieved from the charge.
It is further shown from the evidence that…
2Cases cited5 opinions
- Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1873
- Santa Cruz Railroad v. SprecklesCalifornia Supreme Court · 1884
- Denver Fire Insurance v. McClellandSupreme Court of Colorado · 1885
- Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1872
- Mann v. FarnumSupreme Court of Colorado · 1892