City of Central v. Wilcoxen
Supreme Court of Colorado
Error to District Court of Gilpin County. This was an action of assumpsit, brought by Wilcoxen against the City of Central. The declaration consisted of the common counts for work and labor, money had and received, money paid, laid ont and expended, and money found due npon an account stated.
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Error to District Court of Gilpin County. This was an action of assumpsit, brought by Wilcoxen against the City of Central. The declaration consisted of the common counts for work and labor, money had and received, money paid, laid ont and expended, and money found due npon an account stated. The defendant filed the general issue and a special plea : “Actio non; because it says the only cause of action sued on in the said several counts of plaintiff’s declaration are the several instruments in writing set out with said declaration, and avers that fourteen of said instruments in writing…
1Opinion of the CourtThatcher, C. J.
Under the pleadings, whether the claims for which the city warrants in controversy were issued, were allowed by the council of Central City, or whether the mayor and ETenry Grannis, whose name is signed thereto as clerk, were, in behalf of the city, authorized to execute the warrants, are not pertinent inquiries. Ho issue was tendered, that, under the statute, would permit the defendant to deny the authority of the mayor and clerk to execute the warrants in question.
Section 14 of the Practice Act (R. S., p. 506) provides, “Ho person shall be permitted to deny, on trial, the execution of any…
2Cited by9 opinions
- Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
- Town of Pagosa Springs v. PeopleColorado Court of Appeals · 1913
- Parkison v. BoddikerSupreme Court of Colorado · 1887
- Morton v. LaeschSupreme Court of Colorado · 1912
- Rose v. Agricultural Ditch & Reservoir Co.Supreme Court of Colorado · 1920
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