Opinion

Givens v. Wheeler

2 Colo. L. Rep. 429 · Supreme Court of Colorado · Dec 15, 1881

Full text

Givens v. Wheeler, Administrator of the estate of Van Denberg

Opinions in this case

Majority — Elbert
Majority — Elbert
Majority — Elbert
On rehearing — Elbert
On rehearing — Elbert

Elbert, C. <T. The amended complaint in this case was bad, in that it stated an entirely new canse 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. Affirmed.