Reports of the Decisions of the Court of Appeals of the State of Colorado, Volume 19Banks & Brothers, 1905 - Law reports, digests, etc |
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Page 3
... ment before that time . This action was brought on the 10th day of August , 1897 , for the foreclosure of the mortgage . The complaint alleged that no part of the moneys advanced by Newhouse had been re- paid , and that no new ...
... ment before that time . This action was brought on the 10th day of August , 1897 , for the foreclosure of the mortgage . The complaint alleged that no part of the moneys advanced by Newhouse had been re- paid , and that no new ...
Page 5
... ment at the time it was offered is insisted on here . The objection is not that by reason of his relations to the plaintiff he was not a competent witness , but that he could not give his testimony in a narrative form . Counsel have ...
... ment at the time it was offered is insisted on here . The objection is not that by reason of his relations to the plaintiff he was not a competent witness , but that he could not give his testimony in a narrative form . Counsel have ...
Page 6
... ment related to a single subject ; questions could easily have been framed to which successful objec- tion could not have been made and which would have brought out exactly the same testimony ; so that by compelling the witness to ...
... ment related to a single subject ; questions could easily have been framed to which successful objec- tion could not have been made and which would have brought out exactly the same testimony ; so that by compelling the witness to ...
Page 7
... ment . 2. Water Rights - Appropriation . Where several parties were the owners of the shares of the capital stock of a ditch company which they acquired from the company , the original appropriator of the water rights of the ditch , and ...
... ment . 2. Water Rights - Appropriation . Where several parties were the owners of the shares of the capital stock of a ditch company which they acquired from the company , the original appropriator of the water rights of the ditch , and ...
Page 10
... ment occurs when the party in possession deserts the property without an intention to reclaim it , and such intention is not shown by mere nonuser or failure to maintain . - Putnam v . Curtis , 7 Colo . App . 437 . But in view of the ...
... ment occurs when the party in possession deserts the property without an intention to reclaim it , and such intention is not shown by mere nonuser or failure to maintain . - Putnam v . Curtis , 7 Colo . App . 437 . But in view of the ...
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Common terms and phrases
13 Colo 15 shares affirmed alleged amended amount answer appellee application appointment Arapahoe County assignment August 22 authority averred bond cause of action certificate charter chattel city of Denver claim Colorado complaint contract corporation counsel county court Court of Arapahoe court of equity creditors Currier damages defendant in error defendant's Delta County demurrer District Court ditch duties El Paso county evidence execution executors facts filed held indorsement injunction injury instruction insured issued judgment jurisdiction jury La Plata County land lease lessee levy lien ment mining Montrose County mortgage motion notice ordinance owner paid parties payment person plaintiff in error possession premises Pueblo county question receiver record reversed rule secure sheriff statement statute suit sustained testimony thereof tion Town of Sterling trial trust deed verdict Weld County writ
Popular passages
Page 340 - ... upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation, in the same manner as if no location of the same had ever been made...
Page 656 - Assembly and its committees, shall be performed under contract to be given to the lowest responsible bidder below such maximum price and under such regulations as shall be prescribed by law...
Page 189 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to, whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 404 - An action may be brought by the attorney-general, in the name of the people of this state, upon his own information, or upon the complaint of a private party, against any person who usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise within this state.
Page 339 - ... or the relocator may sink the original discovery shaft ten feet deeper than it was at the time of abandonment, and erect new or adopt the old boundaries, renewing the posts, if removed or destroyed. In either case a new location stake shall be erected. In any case, whether the whole or part of an abandoned claim is taken, the location certificate may state that the whole or any part of the new location is located as abandoned property.
Page 228 - ... 1. There must have been a false representation or a concealment of material facts ; 2. The representation must have been made with knowledge of the facts; 3. The party to whom it was made must have been ignorant of the truth of the matter; 4. It must have been made with the intention that the other party should act upon it; 5. The other party must have been induced to act upon it": Bigelow on Estoppel, 3d ed., 484.
Page 77 - When a thing which causes injury is shown to be under the management of the defendant, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from a want of care.
Page 77 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 504 - ... will pay to the party enjoined such damages, not exceeding an amount to be specified, as such party may sustain by reason of the injunction, if the court finally decides that the applicant was not entitled thereto.
Page 88 - By a course of decisions it is well settled in West Virginia that a lease of this character is not a grant of property in the oil or in the land, but merely a grant of possession for the purpose of searching for and procuring oil.