Supreme Court of Colorado December 15, 1881 (Givens v. Wheeler)

Also known as

United States · · · 15-12-1881

lead-opinion

Elbert, C. J.

The amended complaint in this case was bad, in that it stated an entirely new cause of action. This is not allowable either at common law or under the Code. Bliss’ Plead., Sec. 429, and cases cited.

The replication was vicious for the same reason.

The judgment of the Court below is affirmed, with costs.

rehearing

Elbert, C. J.

On rehearing.

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