Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 39

Cases Argued and Determined in the Supreme Court of the State of Colorado Volume 39

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...(3) that the court erred in refusing to give a certain instruction requested by appellant (the defendant below); (4) that the court erred in rendering judgment on the verdict of the jury against appellant, as defendant below. This action was brought in the district court of Rio Grande county. The complaint alleges that the defendant violated 1 of the ordinances of the town of Monte Vista, in the county of Rio Grande, state of Colorado, entitled "An ordinance concerning intoxicating liquors," which said ordinance was passed and adopted on the 4th day of March, 1899, and had still remained and still is in force and effect, and to the damage of the plaintiff in the sum of three hundred dollars ($300.00). The complaint further states the title of the action and specifies the name of the court and county in which the action is brought. The appellant, as defendant below, filed" its answer denying the allegations of the complaint. At the trial it object, ed to the impaneling of the jury and to the introduction of testimony upon the ground that the complaint did not state facts suflicient to constitute a cause of action. ' The trial court properly overruled the objection. The complaint complied. with the provisions of our code specifying what the complaint.should contain. It was not obnoxious to a demurrer, but was obnoxious to a motion to make it more definite and certain, which the "defendant below did not make. The evidence was in support of the allegations of the complaint and the defendant below was in no way prejudiced by its form. The question of the jurisdiction of the trial court is presented. for the first time in this court on appeal, and challenges the right of the district court to hear and determine more

Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • United States
  • English
  • black & white illustrations
  • 1236952898
  • 9781236952899