Reports of the Decisions of the Court of Appeals of the State of Colorado, Volume 16Banks & Brothers, 1903 - Law reports, digests, etc |
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Common terms and phrases
13 Colo affirmed agreement alleged amount answer appeal appellee application Arapahoe County assignment attorney authority averred bank bond cause of action certificate chattel mortgage claim Colorado complaint condition consideration contract corporation counsel Court of Arapahoe court of equity creditors debt deed of trust defendant defendant's delivered Denver District Court El Paso County entitled equity error evidence execution executors fact fendant filed fraud garnishee held interest issued judgment jury lease levy liability lien loan mandamus ment mining notice ordinance owner paid parties payment person plaintiff plaintiff in error pleadings possession proceedings proof purchase question reason recover rendered replevin Rio Grande County secure service of process sheriff Stats statute sufficient suit supreme court sureties sustained testimony therein tiff tion Trenoweth trial warrants writ
Popular passages
Page 304 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Page 350 - It is furthermore hereby provided and mutually agreed, that no suit or action against this company, for the recovery of any claim by virtue of this policy, shall be sustainable in any Court of Law or Chancery until after an award shall have been obtained fixing the amount of such claim in the manner above provided...
Page 222 - The essential nature and real foundation of a cause of action are not changed by recovering judgment upon it ; and the technical rules, which regard the original claim as merged in the judgment, and the judgment as implying a promise by the defendant to pay it, do not preclude a court, to which a judgment is presented for affirmative action, (while it cannot go behind the judgment for the purpose of examining into the validity of the claim,) from ascertaining whether the claim is really one of such...
Page 628 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee-simple; or if the subject of insurance be personal property and be or become incumbered by a chattel mortgage...
Page 130 - ... then this obligation to be null and void, otherwise to remain in full force and effect.
Page 131 - ... to the effect that they are bound to the defendant in double the value of the property as stated in the affidavit, for the prosecution of the action, for the return of the property to the defendant, if return thereof be adjudged, and for the payment to him of such sum as may from any cause be recovered against the plaintiff...
Page 452 - Every sale made by a vendor, of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery and be followed by an actual and continued change of possession of the things sold...
Page 292 - All the authorities agree that the debt is the principal thing and the mortgage an accessory. Equity puts the principal and accessory upon a footing of equality, and gives to the assignee of the evidence of the debt the same rights in regard to both. There is no departure from any principle of law or equity in reaching this conclusion. There is no analogy between this case and one where a chose...
Page 355 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 379 - ... in the questions of law and fact involved in the general controversy, or in the kind and form of relief demanded an'd obtained by or against each individual member of the numerous body," is ground for the interposition of chancery to settle in one suit the several controversies.