McIntire v. Schiffer
Supreme Court of Colorado
Appeal from the District. Court of Conejos -County. Appellees,, as plaintiffs, brought an action against appellant and Albert W. Melntire, as defendants, upon tbe promissory note of the latter, alleging in, substance as a cause of action against ap: pellant," that .at the time of the maturity of such note the defendants were the several owners of land upon which they promised plaintiffs to secure a loan and discharge such, note, and also one due plaintiffs from' appellant;…
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Appeal from the District. Court of Conejos -County. Appellees,, as plaintiffs, brought an action against appellant and Albert W. Melntire, as defendants, upon tbe promissory note of the latter, alleging in, substance as a cause of action against ap: pellant," that .at the time of the maturity of such note the defendants were the several owners of land upon which they promised plaintiffs to secure a loan and discharge such, note, and also one due plaintiffs from' appellant; that at this time plaintiffs were about to sue out an attachment against Albert W. Melntire, and levy upon the. lands and…
1Opinion of the CourtJustice Gabbert
*250It is not necessary to determine whether or not the amended complaint changed thé cause of action. Appellant did not raise that question in the- trial court. She answered, ánd went to trial without a suggestion or objection that a new cause of action had been introduced by the' amended complaint; consequently, the point now made cannot'be considered on appeal.—King v. Rea, 13 Colo. 69.
The alleged error of the trial court in admitting incompetent testimony is based upon the reception of what Albert W. Mclntire stated to-one of the appellees relative to the arrangement he had made with Mrs.…
2Cases cited8 opinions
- Feldman v. McGuireOregon Supreme Court · 1899
- First National Bank of Sing Sing v. ChalmersNew York Court of Appeals · 1895
- Gilmore v. Skookum Box FactoryWashington Supreme Court · 1899
- King v. ReaSupreme Court of Colorado · 1889
- Schufeldt v. SmithSupreme Court of Missouri · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Burson v. BogartSupreme Court of Colorado · 1911