Whitehead v. Johnson
Supreme Court of Colorado
Error to Denver District Court — Hon. JOHN ,1. Mullins, Judge. Plaintiff in error brought suit to recoved diam-ages from defendant in error for the alleged failure of the latter to carry out the terms of a contract or option for the sale of certain shares of stock to plaintiff. To the complaint the defendant filed a general demurrer, which was overruled.
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Error to Denver District Court — Hon. JOHN ,1. Mullins, Judge. Plaintiff in error brought suit to recoved diam-ages from defendant in error for the alleged failure of the latter to carry out the terms of a contract or option for the sale of certain shares of stock to plaintiff. To the complaint the defendant filed a general demurrer, which was overruled. The defendant answered, and then moved for a judgment on the pleadings, which was simply a demurrer to the complaint, upon the ground that it did) not state facts sufficeint to constitute a cause of action. This motion was sustained.…
1Opinion of the CourtJustice Gabbert
■A motion for judgment on the pleadings cannot be converted into a general demurrer to the complaint. —Shuler v. Allam, 45 Colo. 372; Harris v. Harris, 9 Colo. App. 211; Mills v. Hart, 24 Colo. 505; Hoover v Horn, 45 Colo. 288; Rice v. Bush, 16 Colo. 484.
The judgment of the district court is reversed and the cause remanded. Reversed and Remanded.
Mr. Justice Musser and Mr. Justice Hill concur.
2Cases cited5 opinions
- Rice v. BushSupreme Court of Colorado · 1891
- Mills v. HartSupreme Court of Colorado · 1898
- Harris v. HarrisColorado Court of Appeals · 1897
- Shuler v. AllamSupreme Court of Colorado · 1909
- Hoover v. HornSupreme Court of Colorado · 1909
3Cited by6 opinions
- Childers v. BairdSupreme Court of Colorado · 1915
- Eppich v. BlanchardSupreme Court of Colorado · 1914
- Rohrer v. RossSupreme Court of Colorado · 1912
- Miller v. HoustonColorado Court of Appeals · 1915
- Miller v. HoustonColorado Court of Appeals · 1915
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