Colorado Reports, Volume 44Banks & Brothers, 1909 - Law reports, digests, etc |
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Common terms and phrases
accord and satisfaction administratrix affidavit Affirmed alleged amendment amount answer appears appellant appellee attorney authority averments cause of action CHIEF JUSTICE STEELE claim Colo complaint concur contract contributory negligence conveyed counsel county court county of Denver crossing damages decree deed defendant defendant in error defendant's delivered the opinion demand district court ditch engineer entitled evidence execution facts Fearnley fendant filed fraud Fred Weller held injury instructions insured irrigation issue Judge judgment jurisdiction jury JUSTICE GABBERT La Plata county Longmont matter ment Mills mortgage motion muckers negligence notice objection owner paid parties payment person plaintiffs in error pleadings priority proceeding purchase purpose question quo warranto railroad reason record rendered reservoir Reversed rule Stats statute sufficient Terrill testified testimony therein thereof thereto tiff tion track tract trial court verdict void writ writ of error
Popular passages
Page 474 - This entire policy, unless otherwise provided by agreement indorsed hereon, or added hereto, shall be void if « * * the interest of the insured be other than unconditional and sole ownership; or if the subject of the insurance be a building on ground not owned by the insured in fee simple...
Page 279 - By reason of the negligence of any person in the service of the employer who has any superintendence entrusted to him whilst in the exercise of such superintendence...
Page 136 - process" is technically meant the summons, but the usual requirement for personal service is that a copy of the summons together with a copy of the complaint be left with defendant. Statutes may provide for such reasonable equivalents of personal service in this literal sense as the leaving of process at the place of the defendant's usual abode with an adult person resident there.
Page 12 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Page 168 - The doctrine is well settled in this court, that the law will not imply a promise on the part of a private corporation to pay its officers for the performance of their usual duties. In order that such officers may legally demand and recover for such services, or the corporation legally make allowance and...
Page 301 - ... may reasonably be supposed to have been In the contemplation of the parties at the time they made It as the probable result of its breach.
Page 384 - The report of the referees upon the whole issue, stands as the decision of the court, and judgment may be entered thereon in the same manner as if the action had been tried by the court.
Page 187 - The court may determine any controversy between the parties before it, when it can be done without prejudice to the rights of others, or by saving then- rights, but when a complete determination of the controversy cannot be had without the presence of other parties, the court must cause them to be brought in.
Page 29 - A writ of review may be granted by any court, except a police or justice's court, when an inferior tribunal, board, or officer, exercising judicial functions, has exceeded the jurisdiction of such tribunal, board, or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy, and adequate remedy.
Page 363 - ... effects, and if impossible to make such terms and conditions, the application must be denied. The evidence in this case without contradiction shows that the respondents as owners of the Laughlin ditch would be injuriously affected if the prayer of the petitioners was granted. The Stubbs and Miller ditch, of which each of the petitioners alleged a onesixth ownership, has priority Xo.