Cases Argued and Determined in the Supreme Court of the State of Colorado, Том 53A.B. Hirscheld Press, 1913 |
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Страница 17
... evidence does not tend to vary the terms of the writing . 2. APPEALS - Party Bound by Position Below - Where in the court below certain writings are treated as in evidence , e . g . by objections to oral evidence , by reason of such ...
... evidence does not tend to vary the terms of the writing . 2. APPEALS - Party Bound by Position Below - Where in the court below certain writings are treated as in evidence , e . g . by objections to oral evidence , by reason of such ...
Страница 21
... evidence to establish these facts would not violate the rule , that parol contemporaneous evidence is not admissible to vary the terms of a valid written instrument , for the reason that it is not applicable when the object and effect ...
... evidence to establish these facts would not violate the rule , that parol contemporaneous evidence is not admissible to vary the terms of a valid written instrument , for the reason that it is not applicable when the object and effect ...
Страница 22
... evidence that at the time the option contract was entered into between Stratton and Finnerty , the latter's sole relation to Stratton was that of purchaser , or optionee , he could not recover . From this instruction and the ruling on ...
... evidence that at the time the option contract was entered into between Stratton and Finnerty , the latter's sole relation to Stratton was that of purchaser , or optionee , he could not recover . From this instruction and the ruling on ...
Страница 23
... evidence . ( 2 ) The option contract was without consideration , and , therefore , the death of Stratton before tender revoked the contract by operation of law . ( 3 ) The death of Stratton before the tender or con- summation of the ...
... evidence . ( 2 ) The option contract was without consideration , and , therefore , the death of Stratton before tender revoked the contract by operation of law . ( 3 ) The death of Stratton before the tender or con- summation of the ...
Страница 28
... evidence must be reversed . 2. EVIDENCE - Variance - When the plaintiff declares on a special contract for a fixed salary there can be no recovery on a quantum meruit . Evidence of the value of the service is not to be received . Error ...
... evidence must be reversed . 2. EVIDENCE - Variance - When the plaintiff declares on a special contract for a fixed salary there can be no recovery on a quantum meruit . Evidence of the value of the service is not to be received . Error ...
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affidavit affirmed alleged amendment amount answer appears Arapahoe county auditor authority bank bound car cause of action charge CHIEF JUSTICE CAMPBELL city and county claim Colo Colorado commission common carrier complaint concur constitution contract contributory negligence counsel county court county of Denver county officers damages decree defendant in error defendant's delivered the opinion demurrer Denver County district attorney district court duties election entitled Error to Denver evidence execution facts filed held Hinsdale county issue Judge judgment jurisdiction jury JUSTICE GABBERT JUSTICE HILL JUSTICE MUSSER land legislative matter ment mortgage motion option law Ouray county paid party payment person petition plaintiff in error pleadings premises prosecute purpose question quiet title reason record rendered reversed Stat suit summons supra tax deed testimony therein thereof tion trial court unlawful detainer void witness writ
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Страница 70 - Act, and shall keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created...
Страница 83 - If. therefore, a statute, purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and therebv give effect to the Constitution.
Страница 556 - If, when the unconstitutional portion is stricken out, that which remains is complete in itself, and capable of being executed in accordance with the apparent legislative intent, wholly independent of that which was rejected, it must be sustained.
Страница 432 - The court may, before, or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading, process, or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...
Страница 71 - All orders of the Commission, except orders for the payment of money, shall take effect within such reasonable time, not less than thirty days, and shall continue in force for such period of time, not exceeding two years, as shall be prescribed in the order of the Commission, unless the same shall be suspended or modified or set aside by the Commission or be suspended or set aside by a court of competent jurisdiction.
Страница 70 - That any person, firm, corporation, or association, or any mercantile, agricultural, or manufacturing society, or any body politic or municipal organization complaining of anything done or omitted to be done by any common carrier subject to the provisions of this act in contravention of the provisions thereof...
Страница 304 - The test of whether a fact inquired of in cross-examination is collateral is this: Would the cross-examining party be entitled to prove it as a part of his case tending to establish his plea?
Страница 397 - Where a party has added an address to his signature, notice of dishonor must be sent to that address ; but if he has not given such address, then the notice must be 'sent as follows : 1. Either to the post office nearest to his place of residence, or to the post office where he is accustomed to receive his letters ; or 2.
Страница 432 - The court may likewise, in its discretion, after notice to the adverse party, allow, upon such terms as may be just, an amendment to any pleading or proceeding in other particulars...
Страница 136 - The general appropriation bill shall embrace nothing but appropriations for the expenses of the Executive, Legislative and Judicial Departments of the State, interest on the public debt and for public schools.