Davidson v. Jennings
Supreme Court of Colorado
Appeal from the District Court of Gunnison County. This action was originally brought in the county court of Gunnison county by the appellees against the appellants and S. B. Outcalt, J. T. Clayton and R. D. Smith, to recover against Outcalt, Clayton and Smith for goods, wares and merchandise furnished, and labor performed in working the Vulcan mine, situate in Gunnison county, Colorado, and to establish and enforce a lien therefor against said mine.
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Appeal from the District Court of Gunnison County. This action was originally brought in the county court of Gunnison county by the appellees against the appellants and S. B. Outcalt, J. T. Clayton and R. D. Smith, to recover against Outcalt, Clayton and Smith for goods, wares and merchandise furnished, and labor performed in working the Vulcan mine, situate in Gunnison county, Colorado, and to establish and enforce a lien therefor against said mine. Judgments for the several amounts claimed were recovered in the county court against Smith, Outcalt and Clayton, and they were declared to be…
1Opinion of the CourtJustice Goddard
1. Appellees assign cross error upon the overruling of their motion by the district court to dismiss the appeal to that court from the county court. The motion was based upon the ground that the appeal was taken by Davidson and Himebaugh alone, and from that part of the decree only that established the lien, the contention being that an appeal from the county to the district court can be taken only by the united action and concurrence-of all the defendants to the suit in the county court. We do not think that this position is tenable. Sec. 1085, Mills’ Ann. Stats., inter alia, provides :
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2Cases cited23 opinions
- Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Durkee v. City of JanesvilleWisconsin Supreme Court · 1871
- Burlington, Cedar Rapids & Northern Railway Co. v. DeySupreme Court of Iowa · 1891
- Henry & Coatsworth Co. v. FisherdickNebraska Supreme Court · 1893
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3Cited by44 opinions
- Thayer v. Phillips Petroleum Co.Supreme Court of Oklahoma · 1980
- Builders' Supply Depot v. O'ConnorCalifornia Supreme Court · 1907
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- Pacific Mutual Life Insurance v. Van FleetSupreme Court of Colorado · 1910
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