Reports of the Decisions of the Court of Appeals of the State of Colorado, Volumen8Banks & Brothers, 1897 |
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Términos y frases comunes
affirmed agent agreement alleged amended amount appeal appeal bond appellee application Arapahoe County assignment attachment attorney authority averred Bank bill bond Boulder county cause of action charge claim clerk Colo Colorado commissioners complaint contract corporation counsel county court Court of Arapahoe creditor damages debt defendant in error delivered the opinion demurrer denied district court ditch Drug Company Dunagan & Miller enforce entered entitled evidence execution fact filed Garfield County held intervenor issue judg judgment jury justice land levy liability lien mandamus matter ment motion negligence nonsuit Otero County paid parties payment person petition petitioner plaintiff in error pleadings possession proceedings promissory note proof prosecution Pueblo County purchase question reason received record recover reversed rule Saguache County statement statute suit sureties taxes testimony tion trial trust deed verdict Weld county writ
Pasajes populares
Página 554 - Dollars, lawful money of the United States, for the payment of which, well and truly to be made, we bind ourselves, and each of us, our heirs, successors, executors, administrators or assigns, jointly and severally, firmly by these presents.
Página 161 - The court may change the place of trial in the following cases : 1. When the county designated for that purpose in the complaint is not the proper county: 2. When there is reason to believe that an impartial trial cannot be had therein: 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Página 539 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Página 484 - An intervention takes place when a third person is permitted to become a party to an action or proceeding between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant...
Página 581 - ... when two causes combine to produce an injury to a traveler upon a highway, both of which are in their nature proximate — the one being a culpable defect in the highway, and the other some occurrence for which neither party is responsible — the municipality is -liable, provided the injury would not have been sustained but for such defect.
Página 467 - It is most necessary to mark this again and again, for there is not a more fruitful source of error in law than the inaccurate use of language. The application to a man who is improperly, and by metaphor only, called a trustee, of all the consequences which would follow if he were a trustee by express declaration, — in other words, a complete trustee holding the property exclusively for the benefit of the cestui que trust, — well illustrates the remark made by Lord Mansfield, that nothing in...
Página 211 - ... then this obligation to be null and void, otherwise to remain in full force and effect.
Página 81 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Página 60 - ... or the instrument shall provide for the possession of the property to remain with the grantor, and the instrument is acknowledged and recorded as hereinafter directed...
Página 486 - ... between other persons, either by joining the plaintiff in claiming what is sought by the complaint, or by uniting with the defendant in resisting the claims of the plaintiff, or by demanding anything adversely to both the plaintiff and the defendant, and is made by complaint, setting forth the grounds upon which the intervention rests, filed by leave of the court and served upon the parties to the action or proceeding who have not appeared...