Reports of the Decisions of the Court of Appeals of the State of Colorado, Volume 14Banks & Brothers, 1901 - Law reports, digests, etc |
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Page 32
... etc. , and not paid over , and a complaint that alleges the above facts states a good cause of action . Appeal from the District Court of Arapahoe County . Mr. A. J. RISING and Mr. S. E. MARSHALL , 32 [ Sept. T. , MARSHALL V. OLD .
... etc. , and not paid over , and a complaint that alleges the above facts states a good cause of action . Appeal from the District Court of Arapahoe County . Mr. A. J. RISING and Mr. S. E. MARSHALL , 32 [ Sept. T. , MARSHALL V. OLD .
Page 33
... complaint alleged that on January 1 , 1894 , the plaintiff was the owner and holder of two past promissory notes for $ 6,000 each , sep- arately secured by trust deeds upon real estate described , and the defendants were the owners and ...
... complaint alleged that on January 1 , 1894 , the plaintiff was the owner and holder of two past promissory notes for $ 6,000 each , sep- arately secured by trust deeds upon real estate described , and the defendants were the owners and ...
Page 34
... complaint was not demurred to , but the point is made here that it does not state a cause of action . The argument is that it does not set forth an agreement in which there was a mutual concurrence by the parties , and that there was ...
... complaint was not demurred to , but the point is made here that it does not state a cause of action . The argument is that it does not set forth an agreement in which there was a mutual concurrence by the parties , and that there was ...
Page 35
... complaint contained nothing on the subject of an agreement , except that of which we have just spoken , we should say that the position of the defendant was well taken , and that the complaint set forth no contract , and , hence , no ...
... complaint contained nothing on the subject of an agreement , except that of which we have just spoken , we should say that the position of the defendant was well taken , and that the complaint set forth no contract , and , hence , no ...
Page 36
... complaint is defective in its statement of a cause of action . It sets forth an offer by the defendants to pay to the plaintiff the rents of the premises , less taxes , which they assumed , if he would forbear foreclos- ure of his trust ...
... complaint is defective in its statement of a cause of action . It sets forth an offer by the defendants to pay to the plaintiff the rents of the premises , less taxes , which they assumed , if he would forbear foreclos- ure of his trust ...
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Common terms and phrases
affidavit affirmed agreed agreement alleged amount appears appellant appellee apply appointment Arapahoe County assignment attachment attorney authority averred bank beneficiary boiler bond cause of action certificate champerty chattel mortgage claim Colo Colorado complaint conclusion contract counsel Court of Arapahoe creditors damages deed of trust defendant Denver determine District Court enforce entitled error evidence execution facts filed foreclosure furnish Gumry injury instruction issue judgment jury land board lease levy lien lumber matter mechanic's lien ment Mesa county negligence officer opinion ordinance owner paid parties payment person plaintiff plaintiff in error pleadings possession premises proceedings proof proposition purchaser purpose question quiet title reason received record recover reference refused rendered replevin Rio Grande County Rucker rule sheriff statement statute suit taxes testified testimony tion trial trust deed unlawful detainer witness writ
Popular passages
Page 275 - It must not be forgotten that you are not to extend, arbitrarily, those rules which say that a given contract is void as being against public policy ; because if there is one thing which more than another public policy requires, it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred and shall be enforced by Courts of justice.
Page 276 - ... public policy requires, it Is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred and shall be enforced by courts of justice. Therefore you have this paramount public policy to consider, that you are not lightly to interfere with this freedom of contract.
Page 503 - The question of fraudulent intent in all cases arising under the provisions of this act shall be deemed a question of fact and not of law, nor shall any conveyance or charge be adjudged fraudulent as against creditors or purchasers solely On the ground that it was not founded on a valuable consideration.
Page 510 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary care and caution, that but for such negligence or want of ordinary and common care and caution on his part, the misfortune would not have happened.
Page 520 - It may be regarded, then, as the settled law that the power of removal is incident to the power of appointment...
Page 374 - Either party may bring an issue to trial or to a hearing, and, in the absence of the adverse party, unless the court, for good cause, otherwise direct, may proceed with his case, and take a dismissal of the action, or a verdict, or judgment, as the case may require...
Page 346 - ... as shall seem necessary and proper to provide for the safety, preserve the health, promote the prosperity, improve the morals, order, comfort, and convenience of such corporations and the inhabitants thereof...
Page 477 - Hi. 451, that it is in each case a question of fact to be determined by the jury, under the instructions of the court.
Page 63 - State, to the effect that in case the plaintiff recover judgment in the action, defendant will, on demand, redeliver the attached property so released to the proper officer, to be applied to the payment of the judgment...
Page 272 - The law of maintenance, as I understand it upon the modern constructions, is confined to cases where a man improperly, and for the purpose of stirring up litigation and strife, encourages others either to bring actions, or to make defenses which they have no right to make.