Perrigo Gold Mining & Tunneling Co. v. Grimes
Supreme Court of Colorado
Error to District Court, Cilpin County. The second additional plea mentioned in the opinion is thus: And the said defendant, Robert W. Mead, for a further plea in this behalf, by leave of the court here for this purpose had and obtained, says that he ought not to be charged with the said debt by virtue of the said writing obligatory, because he says that after the making of the said supposed writing obligatory, to wit: on the 22d day of July, A. D. 1872, and while the said…
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Error to District Court, Cilpin County. The second additional plea mentioned in the opinion is thus: And the said defendant, Robert W. Mead, for a further plea in this behalf, by leave of the court here for this purpose had and obtained, says that he ought not to be charged with the said debt by virtue of the said writing obligatory, because he says that after the making of the said supposed writing obligatory, to wit: on the 22d day of July, A. D. 1872, and while the said suit in replevin in which said supposed writing obligatory was given, was being prosecuted and was still pending and…
1Opinion of the CourtHallett, C. J.
To the sixth and seventh pleas first put in a demurrer was sustained, and plaintiffs in error took leave to amend. Subsequently other pleas were filed, in which a new defense was set up, and defendant in error again demurred. By filing new pleas under leave to amend, the intention to abandon those first put in was evinced, and the judgment of the court, as to them, is not now open to review. Dickhut v. Durrell, 11 Ill. 72; Dean v. Gecman, 44 id. 287. The first of the additional pleas to which a demurrer was sustained, is based upon section 14 of the act relating to replevin (R. S. 540), which…
2Cases cited10 opinions
- Dickhut v. DurrellIllinois Supreme Court · 1849
- Yates v. RussellCourt for the Trial of Impeachments and Correction of Errors · 1820
- Green v. PatchinNew York Supreme Court · 1835
- Merritt v. . ThompsonNew York Court of Appeals · 1863
- Warner v. MatthewsIllinois Supreme Court · 1856
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Enright v. Midland Sampling & Ore Co.Supreme Court of Colorado · 1905
- Deutsch v. RohlfingColorado Court of Appeals · 1912
- Zelinger v. Mellwin Construction Co.Supreme Court of Colorado · 1950
- Deutsch v. RohlfingColorado Court of Appeals · 1912