1 COLO. 291, JONES v. CARRUTHERS.

1 COLO. 293, GALLUP v. WILDER.
Admission by default in action for unliquidated damages.

Cited in Ruth v. Smith, 29 Colo. 154, 68 Pac. 278, holding default by defendants in action for unliquidated damages no admission of value or amount of damages.

1 COLO. 293, FOSTER v. PEOPLE.

Necessity that indictment negative exception in statute.

Cited in Territory v. Burns, 6 Mont. 72, 9 Pac. 432, holding that indictment need not negative exception contained in statute, unless it be necessary to complete definition of offense.

Right to submit to jury grade of crime not shown by evidence.

Cited in Carpenter v. People, 31 Colo. 284, 72 Pac. 1072, holding that lower grade of crime should not be submitted to jury where there is no evidence tending to establish such grade.

1 COLO. 299, DEITSCH v. WIGGINS, Reversed in 15 Wall. 539, 21 L. ed. 228.

Sufficiency of officer's plea of justification in trespass.

Cited in Williams v. Mellor, 12 Colo. 1, 19 Pac. 839, holding that officer pleading justification must allege and prove existence and validity of judgment as well as writ.

Effect of joining issue on defective plea.

Distinguished in Berry v. Hart, 1 Colo. 246, holding plea which would have been obnoxious to demurrer sufficient after issue joined; Wilson v. Hawthorne, 14 Colo. 530, 20 Am. St. Rep. 290, 24 Pac. 548, holding that under code joint equitable may be sufficient as to single defendant though insufficient as to others.

Aiding defective answer by proof.

Cited in Johnson v. Bailey, 17 Colo. 59, 28 Pac. 81, holding that answer defective as justification under legal process may be aided by proof.

1 COLO. 309, FARNUM v. UNITED STATES, 4 MOR. MIN. REP. 192.

1 COLO. 317, PAUL v. LUTTRELL.

1 COLO. 322, ROACH v. BINDER.

1 COLO. 323, DEITZ v. CENTRAL CITY.

Effect of change of official title of justice of the peace.

Distinguished in People v. Jobs, 7 Colo. 589, 4 Pac. 1124, holding that it is of no consequence that existence of office was sustained, under organic act, by virtue of powers conferred upon justices of the peace,

while under constitution it is upheld because authorized by provision relating to judicial officers of cities and towns; People ex rel. Howell v. Curley, 5 Colo. 412, holding person assuming as police judge to exercise judicial functions under no other license than that conferred by municipal authority guilty of usurpation.

Power of legislature over municipalities.

Cited in Schwartz v. People, 46 Colo. 239, 104 Pac. 92, to the point that legislature has power to confer upon county and town power to prohibit sale of intoxicating liquors; Denver v. Hallett, 34 Colo. 393, 83 Pac. 1066, holding that general assembly has plenary power with respect to municipal corporations except as limited by constitution; Wagner v. Harris, 1 Wyo. 194, holding that territorial assembly has power to create municipal corporations.

Appeal from justice of peace as waiver of objections to service.

Cited in Saner v. People, 17 Colo. App. 307, 69 Pac. 76, holding that appeal to county court from judgment of police magistrate cured any defects in complaint so far as they affected procedure before magistrate; Paul v. Rooks, 16 Colo. App. 44, 63 Pac. 711, holding appeal from judgment of justice waiver of all defects in summons or service; School Dist. No. 38 v. Waters, 20 Colo. App. 106, 77 Pac. 255, holding appeal from judgment of justice to county court waiver of irregularities and defects form or service of summons, or want of process; Colorado C. R. Co. v. Caldwell, 11 Colo. 545, 19 Pac. 542, holding appeal from judgment of justice waiver of all defects in service of process or even want of process.

Distinguished in White House Mountain Gold Min. Co. v. Powell, 30 Colo. 397, 70 Pac. 679, holding filing of appeal bond by defendant in county court upon overruling of motion to quash service of summons, not such appearance as would waive objection to service of

summons.

When mandamus is proper remedy.

Cited in Harding v. People, 10 Colo. 387, 15 Pac. 727, holding mandamus remedy when board of examiners arbitrarily refuse application for certificate to practice.

Province of jury on appeal to county court.

Distinguished in Walton v. Canon City, 13 Colo. App. 77, 56 Pac. 671, holding province of jury on appeal to county court from judgment of police magistrate imposing fine for violation of city ordinance to assess fine in case defendant is found guilty.

Limit of amount of license fees.

Cited in note in 30 L.R.A. 423, 437, on limit of amount of license fees.

1 COLO. 334, MILLS v. ANGELA.

1 COLO. 336, DENVER v. KENT.

Right and duties of trustee under Town Site Act.

Cited in McCloskey v. Pacific Coast Co. 22 L.R.A. (N.S.) 673, 87 C.

C. A. 568, 160 Fed. 794, holding that legal title vested in trustee, on
establishment of town site, in his official capacity, and, that absolute
right in trust vested in beneficiaries simultaneously with entry; Hall
v. Ashby, 2 Mont. 489, holding that trustee of town site of Helena
had no judicial power and could not dedicate any part of town site as
alley; State ex rel. Hicklin v. Webster, 28 Mont. 104, 72 Pac. 295,
denying district judge jurisdiction to issue deed for unsurveyed portion
of town site to person not claiming to be occupant at time town site
was entered.

Who may bring suit for trustee's abuse of trust under Town Site
Act.

Cited in Georgetown v. Glaze, 3 Colo. 230, holding that municipal
corporation cannot interfere, under Town Site Act between individual
applicants where no claim in behalf of public is sought to be asserted;
Murray v. Hobson, 10 Colo. 66, 13 Pac. 921, holding town of Pueblo
proper party to mainatin suit to set aside sales of unclaimed lots made
by trustee without authority of law.

Who are beneficiaries of trust under Town Site Act.

Cited in Robertson v. Martin, 8 Ariz. 422, 76 Pac. 614, holding occu-
pant required to be claimant and to file statement, and pay purchase
price to trustee, to be entitled to deed; Aspen v. Rucker, 10 Colo. 184,
15 Pac. 791, holding entire town site required to be held in trust until
finally disposed of as trust property; Pueblo v. Budd, 19 Colo. 579,
36 Pac. 599, holding Town Site Act in so far as it attempts to vest title
to unclaimed lands directly in town, in contravention of act of Congress
creating the trust and void; Cofield v. McClellan, 1 Colo. 370, as to
whether any several beneficial interests in town site of Denver could,
under any circumstances, arise subsequent to entry; Scully v. Squier,
13 Idaho, 417, 90 Pac. 573, denying surveyor right to make paper street
in incorporated town and deprive actual occupants of vested rights.
Method of disposition of unclaimed town site lots.

Cited in Martin v. Hoff, 7 Ariz. 247, 64 Pac. 445, holding that unoc-
cupied lots undisposed of after trust has been primarily performed for
benefit of those in occupation at time of entry can be disposed of only
by methods prescribed by legislature; Jackson v. Winfield Town Co.
23 Kan. 542, as to whether unoccupied lots in town site become property
of city.

1 COLO. 352, PEOPLE EX. REL. BAXTER v. HALLETT.
Jurisdiction of supreme court to issue writ of mandamus.

Cited in Chumasero v. Potts, 2 Mont. 242, holding that supreme court
has original jurisdiction to issue writ of mandate; Terrell v. Greene,
88 Tex. 529, 31 S. W. 631, holding that supreme court has original
jurisdiction to grant writ of mandamus against district judge to recog-
nize county attorney.

Cited in notes in 12 Am. Dec. 28, on mandamus to restore to or

determine title to office; 51 L.R.A. 44, on superintending control and supervisory jurisdiction of superior over inferior or subordinate tribunal. Construction of acts in pari materia.

Cited in Dunton v. People, 36 Colo. 128, 87 Pac. 540, holding that all acts in pari materia are to be taken together as if one law. Suspension of attorney.

Cited in note in 95 A. D. 344, on disbarment or suspension of attorneys.

1 COLO. 365, THACKARAY v. HANSON.

Continuance of civil causes.

Cited in Abbott's Civ. Tr. 2d ed. 36, on refusal of postponement where desired evidence is inadmissible under the pleadings.

Cited in note in 74 A. D. 147, on continuance of civil causes.

Admissibility of evidence under pleadings.

Cited in Abbott's Pleadings, 2d ed. 1438, on unsworn denial as not letting in extrinsic evidence that defendant signed merely as agent. Personal liability on corporate note.

Cited in note in 19 L.R.A. 681, on personal liability of officers on note made for corporation.

Negotiability of promissory notes.

Cited in Cowan v. Hallack, 9 Colo. 572, 13 Pac. 700, holding all promissory notes in writing for payment of money negotiable whether so expressed or not.

Alteration of instruments.

Cited in note in 86 A. S. R. 85, 89, on unauthorized alteration of written instruments.

1 COLO. 367, SCHOOL DIST. NO. 8 v. ERSKIN.

1 COLO. 370, COFIELD v. McCLELLAN, Affirmed in 16 Wall. 331, 21 L. ed. 339.

Effect of failure to file claim to town site within statutory

period.

Cited in Tucker v. McCoy, 3 Colo. 284, holding that failure of claimant to quiet title to lot within site of Georgetown, under Law of 1870, to file statement within time prescribed bars forever right of claimant; Territory v. Deegan, 3 Mont. 82, holding that failure of claimant to comply with Town Site Act in not filing proof before expiration of six months from publication of notice bars right to assert title.

Distinguished in Pueblo v. Budd, 19 Colo. 579, 36 Pac. 599, holding that failure to comply with provision of Town Site Act limiting time in which beneficiary of trust must deliver statement of his claims does not work forfeiture of equitable interest of one in possession; Schnepel v. Mellen, 3 Mont. 118, holding that Town Site Act of this state provides for no forfeiture for failure to file statement of claim within time limited in notice of entry.

1 COLO. 374, CLEAR CREEK, COLORADO GOLD & S. MIN. CO. v. ROOT.

Nature of proceedings to enforce rights under mechanic's lien law.

Cited in Williams v. Uncompahgre Canal Co. 13 Colo. 469, 22 Pac. 806; Bradbury v. Butler, 1 Colo. App. 430, 29 Pac. 463; San Juan & St. L. Min. & Smelting Co. v. Finch, 6 Colo. 214,-holding proceedings to enforce rights under mechanics' lien law equitable in their nature. Enforcibility of agreement to pay interest upon claim secured by mechanics' lien.

Cited in Hurd v. Tomkins, 17 Colo. 394, 30 Pac. 247, holding agreement to pay interest upon claim secured by mechanic's lien enforceable where rights of third parties not affected.

Sufficiency of specification of error.

Cited in Goldberger v. Leibowitz, 42 Colo. 99, 93 Pac. 1108, holding assignment of error stating generally that court erred in rendition of judgment not in compliance with rule of court.

1 COLO. 377, CODY v. BUTTERFIELD. Continuance of civil causes.

Cited in Glenn v. Brush, 3 Colo. 26, holding motion for continuance in replevin action properly refused where affidavit fails to state single fact which would tend to establish ownership of property in plaintiffs. Cited in note in 74 A. D. 147, on continuance of civil causes. Necessity of stating specific ground of objection to evidence.

Cited in Cowell v. Colorado Springs Co. 3 Colo. 82, holding that objections to evidence must be made on trial and ground of objection particularly stated; McCraw v. Welch, 2 Colo. 284; Webber v. Emmerson, 3 Colo. 248; Tracey v. People, 6 Colo. 151; Percy Consol. Min. Co. v. Hallam, 22 Colo. 233, 44 Pac. 509,-holding that specific ground of objection to evidence must be stated where evidence susceptible of being made admissible by introduction of further testimony.

Necessity of proving use when alleged in action by one for use of another.

Cited in Pueblo County v. Sloan, 5 Colo. 38; Patton v. Coen & T. B. Carriage Mfg. Co. 3 Colo. 365,-holding that use need not be proved if alleged in action by one for use of another.

1 COLO. 385, WATSON v. HAHN.

Release of indorser.

Cited in note in 18 L.R.A. (N.S.) 546, on release of indorser of note by failure to enforce liability of maker.