Supreme Court of Colorado February 15, 1871 (Berry v. Hart)

Hallett, C. J.

The issues in this case were not the same as in the case of Deitsch v. Hart et al., post, 300, decided at this term, although appellant’s evidence was substantially the same as that offered by Deitsch. In that case, the special plea was found to be substantially defective, and, therefore, the justification failed.