Colorado Court of Appeals April 15, 1891 (Standard Accident Insurance v. Friedenthal)

Reed, J.

There were-no issues of fact to be determined in the case, The facts appear to have been conceded, at least there was no serious controversy.

The first question arises upon the pleading. It is claimed that there was a departure, that the replication set up anew cause of action not embraced in the complaint, and that the court erred in overruling the demurrer.