Reports of the Decisions of the Court of Appeals of the State of Colorado, Volume 3Banks & Brothers, 1894 |
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Common terms and phrases
affirmed agent agreement alleged amended amount appellant appellee Arapahoe County assigned authority averred bill BISSELL brought cause of action Chaffee County charge claim Colo Colorado complaint contract contributory negligence controversy conveyance corporation costs counsel county court Court of Arapahoe creditors damages debt decree deed defendant in error delivered the opinion demurrer Denver District Court Ditch Company entered entitled evidence executed facts fendant filed fraud garnishee instructions irrigation issue judgment jurisdiction jury justice land liable lien McCurdy & Co ment Messrs negligence owner paid parties payment person Pitkin County plaintiff in error pleading possession premises proceedings proof prosecuted Pueblo County purchase purpose question receipt record recover reversed rule San Miguel county Smith statute statute of frauds sufficient suit sustained testimony tion transaction trial trust verdict warrant Weld County witnesses writ
Popular passages
Page 349 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which shall hereafter be made which shall not be accompanied by an immediate delivery and followed by an actual and continued change of possession...
Page 490 - Every sale made by a vendor of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Page 98 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 161 - Every action shall be prosecuted in the name of the real party in interest...
Page 351 - ... shall be presumed to be fraudulent and void as against the creditors of the vendor, or the creditors of the person making such assignment, or subsequent purchasers in good faith...
Page 468 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action ; 2.
Page 73 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 500 - Whenever any person indicted in a court of the United States makes affidavit, setting forth that there are witnesses whose evidence is material to his defense; that he cannot safely go to trial without them; what he expects to prove by each of them...
Page 364 - And with respect to such a visitor, at least, we consider it settled law, that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger which he knows or ought to know...
Page 254 - ... in trust for the several use and benefit of the occupants thereof, according to their respective interests ; the execution of which trust, as to the disposal of the lots in such town, and the proceeds of the sales thereof, to be conducted under such regulations as may be prescribed by the legislative authority of the State or Territory in which the same may be situated.