Mills' Annotated Code: Adopting as Text the Colorado Code of Civil Procedure of 1887, and Exhibiting the Evolution Thereof Through Eighteen Years of Legislation and Construction; Made Useful as a Code Work in All the States by a Systematic Collection of Leading Cases and References |
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Page 167
... res adjudicata , n . 167 infra . 125. It is new matter and cannot be proved under a general denial . DeVotie v . McGerr , 15 Colo . 467 , 472 ( 1890 ) , 24 P. 923 , 22 Am . St. 426 ; Gaynor v . Clements , 16 Colo . 209 , 210-11 ( 1891 ) ...
... res adjudicata , n . 167 infra . 125. It is new matter and cannot be proved under a general denial . DeVotie v . McGerr , 15 Colo . 467 , 472 ( 1890 ) , 24 P. 923 , 22 Am . St. 426 ; Gaynor v . Clements , 16 Colo . 209 , 210-11 ( 1891 ) ...
Page 170
... res adjudicata by a motion to dismiss ; he must specially plead the judgment he relies on as a bar . Hax v . Leis , 1 Colo . 187 , 188 ( 1870 ) . 168. Beck , J. , referring to the doctrine of res adjudicata , in- dicates that in ...
... res adjudicata by a motion to dismiss ; he must specially plead the judgment he relies on as a bar . Hax v . Leis , 1 Colo . 187 , 188 ( 1870 ) . 168. Beck , J. , referring to the doctrine of res adjudicata , in- dicates that in ...
Page 171
... res adjudicata is new matter - matter in avoid- ance . Hardy v . Summers ( 10 Gill . & J. 316 ) , 32 Am . Dec. 167 , 171 ( 1838 ) . 176. An answer by way of res adjudicata showed that a gen- eral demurrer had been sustained and judgment ...
... res adjudicata is new matter - matter in avoid- ance . Hardy v . Summers ( 10 Gill . & J. 316 ) , 32 Am . Dec. 167 , 171 ( 1838 ) . 176. An answer by way of res adjudicata showed that a gen- eral demurrer had been sustained and judgment ...
Page 177
... RES ADJUDICATA is new matter and must be pleaded : 1 Enc . Pl . & Pr . 821 , 836 , 843. See n . 167 supra . Pleading res adjudicata . Hughes Tech . 10. 21. As to the proof of res ad- judicata . See , Fahey v . Esterly Machine Co. ( N ...
... RES ADJUDICATA is new matter and must be pleaded : 1 Enc . Pl . & Pr . 821 , 836 , 843. See n . 167 supra . Pleading res adjudicata . Hughes Tech . 10. 21. As to the proof of res ad- judicata . See , Fahey v . Esterly Machine Co. ( N ...
Page 196
... res adjudicata held not sham . Id . 79. IMMATERIAL AND IRRELEVANT . - See n . 126 infra . New matter must be so pleaded as to be connected with the cause of action , otherwise no replication is necessary , and such matter may be ...
... res adjudicata held not sham . Id . 79. IMMATERIAL AND IRRELEVANT . - See n . 126 infra . New matter must be so pleaded as to be connected with the cause of action , otherwise no replication is necessary , and such matter may be ...
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Mills' Annotated Code: Adopting as Text the Colorado Code of Civil Procedure ... Colorado,Jared Warner Mills No preview available - 2015 |
Common terms and phrases
15 Colo 20 Colo 9 Colo affidavit alleged amended answer appear apply assignment assumpsit attachment attorney averment Bank bill Board Com'rs bond Brown cause of action clerk Code code pleading Colorado common law complaint contract corporation counter claim creditor damages debtor Deer default defective defendant demurrer denial Denver ejectment equity error evidence execution extended note facts filed fraud garnishee ground Hars held Hughes Tech infra injunction injury issue joinder Jones judge judgment jurisdiction jury lien matter ment Mills misjoinder mortgage motion notice party person plaintiff plea pleading proceedings proof quiet title quo warranto recover referred relief repealed by sec replevin res adjudicata rule set-off sheriff Smith Stat statute Steph sued sufficient suit summons supra supreme court thereof tion trial venue verdict waived writ
Popular passages
Page 775 - Anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property...
Page 678 - An order affecting a substantial right in an action, when such order in effect determines the action and prevents a judgment, and an order affecting a substantial right made in a special proceeding, or upon a summary application in an action after judgment, is a final order which may be vacated, modified or reversed, as provided in this title.
Page 450 - The finding of the referee or commissioner upon the whole issue must stand as the finding of the court, and upon filing of the finding with the clerk of the court, judgment may be entered thereon in the same manner as if the action had been tried by the court.
Page 423 - the sole judges of the credibility of the witnesses and of the weight of the evidence and of the facts.
Page 778 - When the judgment or order is reversed or modified, the appellate court may make complete restitution of all property and rights lost by the erroneous judgment or order...
Page 82 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Page 509 - ... authorize by an order made to that effect, the judgment creditor to institute an action against such person or corporation for the recovery of such interest or debt; and the court or judge may, by order, forbid a transfer or other disposition of such interest or debt, until an action can be commenced and prosecuted to judgment.
Page 514 - There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real estate or personal property, which action must be in accordance with the provisions of this chapter.
Page 780 - If the appeal be from a judgment or order directing the payment of money, it does not stay the execution of the judgment or order...
Page 320 - Upon receiving information in writing from the plaintiff or his attorney that any person has in his possession or under his control any credits or other personal property belonging to the defendant, or...