Cases Argued and Determined in the Supreme Court of the State of Colorado, Том 53A.B. Hirscheld Press, 1913 |
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Страница 18
... trial in the county court before a jury resulted in a verdict in favor of the estate . From the judgment accordingly , the claimant appealed to the district court , where a second trial was 18 [ 53 Colo . FINNERTY V. STRATTON'S ESTATE .
... trial in the county court before a jury resulted in a verdict in favor of the estate . From the judgment accordingly , the claimant appealed to the district court , where a second trial was 18 [ 53 Colo . FINNERTY V. STRATTON'S ESTATE .
Страница 19
... trial court , excluding what is asserted to have been material and relevant testimony offered on the part of claimant . Mr. T. J. O'Donnell was a witness on behalf of claimant . His testimony was to the effect that he and claimant ...
... trial court , excluding what is asserted to have been material and relevant testimony offered on the part of claimant . Mr. T. J. O'Donnell was a witness on behalf of claimant . His testimony was to the effect that he and claimant ...
Страница 29
... Trial was to the court by consent . Plaintiff had judgment for $ 300.00 , and the defend- ant brings the case here for review on error . Upon no theory was the plaintiff entitled to a judgment for $ 300.00 , and there is nothing in the ...
... Trial was to the court by consent . Plaintiff had judgment for $ 300.00 , and the defend- ant brings the case here for review on error . Upon no theory was the plaintiff entitled to a judgment for $ 300.00 , and there is nothing in the ...
Страница 34
... trial court , and should not be re- versed merely because it is based upon a wrong reason . If , however , it appears that a wrong reason adopted by the trial court prevented the defeated party from properly presenting his case , or ...
... trial court , and should not be re- versed merely because it is based upon a wrong reason . If , however , it appears that a wrong reason adopted by the trial court prevented the defeated party from properly presenting his case , or ...
Страница 35
... trial court , upon a ground involving a question of pleading or fact not fully developed at the trial , and to which attention of neither court nor counsel was called , when the affirmance might re- sult in a miscarriage of justice ...
... trial court , upon a ground involving a question of pleading or fact not fully developed at the trial , and to which attention of neither court nor counsel was called , when the affirmance might re- sult in a miscarriage of justice ...
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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.