Tripp v. Fiske
Supreme Court of Colorado
Error to County Court of Arapahoe County. Tripp, the plaintiff in error, brought his action against Fiske, the defendant in error, before a justice of the peace, and recovered judgment for $168. Fiske appealed to the county court. Upon the conclusion of the plaintiff’s testimony in the county court, the defendant moved for a judgment of nonsuit; the motion was sustained, and thereupon the plaintiff sued out this writ of error.
1Opinion of the CourtThatcher, C. J.
The day has gone by when courts will refuse to enter a judgment of nonsuit upon motion of defendant, when the plaintiff has failed to introduce sufficient evidence in a case tried by a jury to support a verdict for the plaintiff, and in a case tried to the court, to warrant a finding and judgment in favor of the plaintiff. Wheelton v. Hardisty, 92 E. C. Law, 262; Ryder v. Wombwell, Law Rep., 4 Exchequer, 38; Commissioners, etc., v. Clark, 4 Otto, 284.
If he upon whom the burden of proof rest falls short in any essential particular ; if any element of proof necessary to make out his case is…
2Cited by12 opinions
- Peters v. PetersSupreme Court of Colorado · 1923
- Hoover v. ShottSupreme Court of Colorado · 1920
- Livesay v. First National BankSupreme Court of Colorado · 1906
- Denver & Rio Grande R. R. v. IlesSupreme Court of Colorado · 1898
- Nicholls v. McShaneColorado Court of Appeals · 1901
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