Category: Colorado Court Opinions

The People of the State of Colorado, Plaintiff-Appellant, v. Dallas William Pancoast, Jr., Defendant-Appellee. No. 82SA46Supreme Court of Colorado. Decided May 3, 1982. Interlocutory Appeal from the District Court of the County of Pueblo, Honorable Jack F. Seavy, Judge. Page 315 G. F. Sandstrom, Jr., District Attorney, Patrick J. Delaney, Deputy, for plaintiff-appellant. J. E. […]

(506 P.2d 364) The People of the State of Colorado v. Terry Lee Ingersoll No. 25237Supreme Court of Colorado. Decided February 13, 1973. Defendant was convicted of felony theft. From denial of his motion in arrest of judgment, defendant appealed. Affirmed 1. INDICTMENT AND INFORMATION — Felony Theft — Language of Statute — Failure to […]

(484 P.2d 792) Mary Jane Martinez v. The People of the State of Colorado. No. C-33.Supreme Court of Colorado. Decided April 26, 1971. Defendant was convicted in the municipal court of a violation of a municipal ordinance, careless driving, and was also subsequently convicted in the county court of a violation of a state statute, […]

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner v. CHRISTINA E. KASTNER, Respondent No. 02SC258Supreme Court of Colorado. En Banc. October 14, 2003 Rehearing Denied October 14, 2003. Certiorari to the Colorado Court of Appeals, Court of Appeals Case No. 01CA0403. JUDGMENT REVERSED. No. 02SC258: State Farm v. Kastner — No Fault Automobile Insurance — Uninsured/Underinsured […]

68 P.2d 446 RIO GRANDE MOTOR WAY, INC. ET AL. v. De MERSCHMAN ET AL. No. 14,122.Supreme Court of Colorado. Decided April 26, 1937. Rehearing denied May 24, 1937. Proceeding under the Workmen’s Compensation Act. Judgment for claimant. Affirmed. 1. WORKMEN’S COMPENSATION — Degree of Disability — Commission Discretion. Whether degree of disability be determined […]

25 P.2d 175 DOUGHERTY v. WHITE EAGLE OIL CORPORATION. No. 13,351.Supreme Court of Colorado. Decided August 15, 1933. Rehearing denied September 25, 1933. Action on promissory note. Judgment for plaintiff. Affirmed. On Application for Supersedeas. 1. BILLS AND NOTES — Defense — Waiver. One who gives a note for the payment of a debt after […]

David A. Zuech, Petitioner, v. The Industrial Commission of the State of Colorado, (Ex-Officio Unemployment Compensation Commission of Colorado), and Division of Employment and Training, Respondents. No. 83CA0706Colorado Court of Appeals. Decided December 8, 1983. Review of Order from the Industrial Commission of the State of Colorado Sisto J. Mazza, for petitioner. Duane Woodard, Attorney […]

Perry Harris, President of the Colorado Motor Vehicle Dealer Licensing Board, Petitioner, v. District Court, Second Judicial District and the Honorable Roger Cisneros, Judge, Respondents. No. 82SA375Supreme Court of Colorado. Decided December 13, 1982. Original Proceeding J. D. MacFarlane, Attorney General, Charles B. Howe, Deputy Attorney General, Joel W. Cantrick, Solicitor General, Maurice Knaizer, Assistant […]

(431 P.2d 481) Estate of C. W. Blanpied and Eleanor C. Irwin v. William Hedges Robinson, Jr. No. 21754.Supreme Court of Colorado. Decided September 5, 1967. From a judgment ordering that surcharge amount and interest be returned to executor instead of claimant, the claimant brought error. Reversed. 1. EXECUTORS AND ADMINISTRATORS — Surcharge — Interest […]

Lee J. Proper, Plaintiff-Appellant, v. Craig E. Greager and Mediatrica T. Greager, Defendants-Appellees. No. 90CA1840Colorado Court of Appeals. Decided February 13, 1992. Appeal from the District Court of San Miguel County Honorable Thomas A. Goldsmith, Judge. Page 592 Ralph E. Miller, for Plaintiff-Appellant. Robert Korn, for Defendants-Appellees. Division II. Opinion by JUDGE ROTHENBERG. [1] In […]

(535 P.2d 197) Lyda Jean Carmack, a/k/a Lyda Jean Tubbs v. Roy V. Place, Executor of the Estate of Gladys Breeden, Deceased No. C-522Supreme Court of Colorado. Decided April 28, 1975. Rehearing denied June 2, 1975 Action by executor of estate of surviving joint tenant to quiet title. District Court dismissed the action. Court of […]

The People of the State of Colorado v. Willie White No. 79SA440Supreme Court of Colorado. Decided February 9, 1981. Rehearing denied March 2, 1981. Appeal from the District Court of the City and County of Denver, Honorable Leonard P. Plank, Judge. Page 869 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, […]

In re the Marriage of Margo K. Spector, a/k/a Margo K. Kramer, Appellee, and Martin Ian Spector, Appellant. No. 92CA1782Colorado Court of Appeals. Decided December 2, 1993 Page 182 Appeal from the District Court of Boulder County Honorable Richard McLean, Judge No. 73DR2056 ORDER REVERSED AND CAUSE REMANDED WITH DIRECTIONS James W. Saffell, Boulder, Colorado, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Rocky Leigh Lytle, Defendant-Appellant. No. 83CA0802Colorado Court of Appeals. Decided June 27, 1985. Appeal from the District Court of El Paso County Honorable Richard V. Hall, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Maureen Phelan, Assistant […]

(584 P.2d 1220) Teresa Lynn Price, Alan Dale Price, and Jeff Wade Price, minors, by their next friend, Thomas W. Metcalf v. Mayo Sommermeyer, personal representative of the Estate of Christine E. Price, Deceased No. 76-585Colorado Court of Appeals. Decided June 22, 1978. Rehearings denied July 13, 1978 and July 27, 1978. Certiorari granted September […]

The People of the State of Colorado, Plaintiff-Appellant, v. James Oliver Newton, Jr., a/k/a John Miller, a/k/a Gregory Islamoff, a/k/a Robert Smith, Defendant-Appellee. No. 87SA116Supreme Court of Colorado. Decided November 28, 1988. Appeal from District Court, Adams County Honorable Phillip F. Roan, Judge Page 1183 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

The People of the State of Colorado, Plaintiff-Appellee, v. Steven Patrick Adams, Defendant-Appellant. No. 90CA1290Colorado Court of Appeals. Decided December 19, 1991. Rehearing Denied February 20, 1992. Certiorari Denied August 10, 1992 (92SC174). Appeal from the District Court of Montrose County Honorable Jerry D. Lincoln, Judge Page 1046 Gale Norton, Attorney General, Raymond T. Slaughter, […]

The ESTATE OF Catherine FORD, Petitioner v. Danny J. EICHER, M.D. and Consultants in Obstetrics and Gynecology, P.C., Respondents. No. 09SC229.Supreme Court of Colorado. March 21, 2011. Rehearing Denied May 9, 2011. Appeal from the City and County of Denver District Court, Morris B. Hoffman, J. Page 263 Leventhal, Brown Puga, P.C., James E. Puga, […]

Jay Green, doing business as Big Country Realty v. Thomas M. Grant, Dorothy L. Grant, Richard H. Grant, Jr., and Winifred G. Grant, In the Matter of the Estate of: Johnnie C. Green, Deceased, The Estate of Johnnie C. Green, Thomas M. Grant, Dorothy L. Grant Richard H. Grant, Jr., and Winifred G. Grant No. […]

(389 P.2d 85) AMERICAN TYPE FOUNDERS CO., INC., v. DISTRICT COURT OF THE CITY AND COUNTY OF DENVER, AND HON. HENRY E. SANTO, JUDGE THEREOF. No. 21,068.Supreme Court of Colorado. Decided February 3, 1964. Original proceeding challenging service of process on foreign corporation. Rule to show cause issued. Rule Discharged. 1. CORPORATIONS — Foreign Corporation […]

128 P.2d 993 HAMBY v. THE PEOPLE. No. 14,860Supreme Court of Colorado. Decided June 29, 1942. Rehearing denied September 14, 1942. Plaintiff in error was found guilty of murder in the first degree and sentenced to life imprisonment. Affirmed. 1. APPEAL AND ERROR — Findings — Fact — Judgment. A verdict and judgment based upon […]

125 P.2d 140 GORDON v. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN. No. 14,824.Supreme Court of Colorado. Decided April 20, 1942. An action to recover from an industrial brotherhood an amount which plaintiff alleges was due him as disability benefits. Judgment of dismissal. Reversed. 1. PLEADING — Motion for Judgment — Presumption. A motion for judgment […]

STEVINSON IMPORTS, INC., a Colorado corporation, Plaintiff-Appellee, v. CITY AND COUNTY OF DENVER, a municipal corporation acting through its Manager of Revenue, Defendant-Appellant. No. 04CA2644.Colorado Court of Appeals. May 18, 2006. Certiorari Denied October 2, 2006.[*] [*] Chief Justice MULLARKEY would grant as to the following issue: Whether a business-owned vehicle may be registered at […]

The People of the State of Colorado, Petitioner-Appellee, In the Interest of: E.A.L. and A.J.L., children, And Concerning: D.J.L. and K.M.L., Respondents-Appellants. No. 84CA1195Colorado Court of Appeals. Decided November 7, 1985. Rehearing Denied December 12, 1985. Appeal from the District Court of Mesa County Honorable William M. Ela, Judge Maurice Lyle Dechant, Mesa County Attorney, […]

John William Dews, Petitioner, v. District Court in and for the City and County of Denver, State of Colorado, and the Honorable Judge John Brooks, Jr., a Judge thereof, Respondent. No. 82SA68Supreme Court of Colorado. Decided July 26, 1982. Original Proceeding Donald P. MacDonald, Rhett K. Dacus, Hornbein, MacDonald, Fattor and Buckley, P.C., for petitioner, […]

CERTAIN UNDERWRITERS AT LLOYD’S LONDON SUBSCRIBING TO CERTIFICATE NO. 986557, Plaintiff-Appellee, v. Warren RYCHEL, Defendant-Appellant. No. 03CA1959.Colorado Court of Appeals. June 30, 2005. Certiorari Granted January 23, 2006. Appeal from the District Court, Douglas County, Paul A. King, J. Cage Williams Abelman Layden, P.C., Patricia A. Thatcher, Denver, Colorado; LeBoeuf, Lamb, Greene MacRae, L.L.P., Vincent […]

Fred Y. Boyer, Petitioner, v. George M. Karakehian, Respondent. No. 95SC89Supreme Court of Colorado. Decided April 22, 1996. Opinion Modified, and as Modified, Petition for Rehearing DENIED May 17, 1996. Petition for Rehearing DENIED May 20, 1996. Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED IN PART AND REVERSED IN PART, AND CASE REMANDED […]

(312 P.2d 783) F. B. BUTIN, ET AL. v. PAUL ROTHMAN, ET AL. No. 18,095.Supreme Court of Colorado. Decided June 17, 1957. Replevin to recover fixtures and equipment claimed under defaulted chattel mortgage. Judgment for plaintiff. Reversed and Remanded With Directions. 1. REPLEVIN — Right to Possession — Proof — Chattel Mortgage. In an action […]

BOARD OF DIRECTORS, METRO WASTEWATER RECLAMATION DISTRICT, Petitioner, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA (a member company of American International Group, Inc., a Delaware corporation), Respondent-Intervenor. No. 03SC846.Supreme Court of Colorado. En Banc. January 31, 2005. Appeal from the District Court, City and County of Denver, Joseph E. Meyer, III, J. Page […]

(381 P.2d 259) H M R DEVELOPMENT CORPORATION v. THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT, STATE OF COLORADO, ET AL. No. 20,666.Supreme Court of Colorado. Decided May 6, 1963. Original proceeding challenging validity of order of court directing landowner to deposit in court balance allegedly due general contractor in mechanic’s lien action. Rule […]

Robin Roy Peltz, Petitioner in 84SC390, v. The People of the State of Colorado, Respondent, and Robin Pappadiakis, Petitioner in 85SC171, v. The People of the State of Colorado, Respondent. No. 84SC390 No. 85SC171Supreme Court of Colorado. Decided December 2, 1986. Certiorari to the Colorado Court of Appeals Page 1272 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

Arthur Prax Ortega, Jr., Plaintiff-Appellant and Cross-Appellee, v. The Board of County Commissioners of the County of Costilla, Office of the County Treasurer, Cosme Sanchez, Jr., Individually and as Agent for the County of Costilla, Defendants-Appellees and Cross-Appellants. No. 81CA1273Colorado Court of Appeals. Decided September 16, 1982. Rehearing denied October 14, 1982. Certiorari Denied January […]

The People of the State of Colorado, Plaintiff-Appellee, v. Phillip Michael Montoya, Defendant-Appellant. No. 94CA1199Colorado Court of Appeals. Decided May 2, 1996 Petition for Rehearing DENIED June 6, 1996 Petition for Writ of Certiorari DENIED November 25, 1996. Page 782 Appeal from the District Court of Pueblo County, Honorable Rosalie Vigna, Judge, No. 93CR1062. JUDGMENT […]

(534 P.2d 361) People of the State of Colorado ex rel. John P. Moore (J. D. MacFarlane by substitution), Attorney General v. Burgess T.V. Service, an unincorporated business enterprise, and Clinton Burgess, individually, and as owner of Burgess T.V. Service No. 74-435Colorado Court of Appeals. Decided April 1, 1975. In action by Attorney General seeking […]

(567 P.2d 801) Tammy S. Beeson, a minor by her husband and next friend Clarence Mitchell Beeson v. Kiowa County School District RE-1; Robert O. Woods, Kiowa County School District RE-1 Superintendent; and the Board of Education of Kiowa County School District RE-1, consisting of Darrell Koch, Gilbert Brown, Dora Lu Gulley, Tyrone Mitchell, Robert […]

(586 P.2d 235) The People of the State of Colorado v. John Joseph Trujillo No. 77-695Colorado Court of Appeals. Decided July 20, 1978. Rehearing denied August 31, 1978. Convicted of crime of escape, penitentiary inmate appealed alleging that trial court erred in limiting the evidence he intended to present pertaining to the affirmative defense of […]

28 P.2d 1013 FLEMING ET AL. v. McFERSON, BANK COMMISSIONER. No. 13,038.Supreme Court of Colorado. Decided November 6, 1933. Rehearing denied January 22, 1934. Action to quiet title. Decree quieting title in plaintiff to one of the three parcels of land involved. Affirmed. 1. BANKS AND BANKING — Stockholders’ Liability — Lien on Real Property. […]

(526 P.2d 1325) Myles Rademan, Joy Rademan, Julian Beaver, Monica Beaver, Richard D. Rogow, and Pamela J. Mann v. City and County of Denver, Board of Adjustment (Zoning) of the City and County of Denver, individually and the members thereof, and Anthony H. Jansen, individually and as Zoning Administrator of the City and County of […]

Public Service Company of Colorado, a Colorado corporation, Plaintiff-Appellant, v. Mile Hi Cable Partners L.P., a Colorado limited partnership; Mountain States Video, Inc., d/b/a TCI of Colorado, Inc., a Colorado corporation; United Cable Television of Colorado, Inc., d/b/a TCI of Colorado, Inc., a Colorado corporation; TCI Cablevision of Colorado, Inc., a Colorado corporation; Heritage Cablevision […]

Rodney Ice, Plaintiff-Appellee, v. Benedict Nuclear Pharmaceuticals, Inc., a Colorado corporation, Defendant-Appellant. No. 86CA1415Colorado Court of Appeals. Decided March 15, 1990. Opinion Modified, and as Modified Rehearing Denied May 10, 1990. Certiorari Denied September 24, 1990 (90SC348). Appeal from the District Court of Jefferson County Honorable Henry E. Nieto, Judge Page 758 Bradley, Campbell Carney, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Susan Smith, Defendant-Appellee. No. 96CA0619Colorado Court of Appeals. Decided June 27, 1996 Page 81 Appeal from the District Court of Clear Creek County, Honorable William F. Jones, Judge, No. 95CR2. MOTION TO DISMISS DENIED Peter F. Michaelson, District Attorney, Titus D. Peterson, Deputy District Attorney, Miles […]

(568 P.2d 473) The People of the State of Colorado v. Lennox Byron Treat No. 27180Supreme Court of Colorado. Decided September 6, 1977. Defendant was charged with five counts of felony theft and one count of failure to deliver title, and after a preliminary hearing, the trial court dismissed all counts and the district attorney […]

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Petitioner, v. DONNA J. PEIFFER, Respondent. No. 96SC849Supreme Court of Colorado. March 23, 1998 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED AND CASE REMANDED Page 1009 Seaman and Giometti, P.C., Gregory R. Giometti, Thomas J. Seaman, Denver, Colorado, Attorneys for Petitioner. Jean E. Dubofsky, P.C., […]

The People of the State of Colorado, Plaintiff-Appellee, v. James Orlando Quintana, Defendant-Appellant. No. 82CA0739Colorado Court of Appeals. Decided February 9, 1984. Certiorari Granted June 25, 1984. Certiorari Dismissed as Moot October 1, 1984. Appeal from the District Court of the City and County of Denver Honorable Paul A. Markson, Judge Page 1227 [EDITORS’ NOTE: […]

(474 P.2d 603) Dean S. Owens v. Ruben Brochner and John J. Rowe. No. 24211.Supreme Court of Colorado. Decided September 21, 1970. Action by patient against physicians for malpractice. From entry of summary judgment in favor of defendants based upon the two-year statute of limitations, error was brought. Reversed. 1. LIMITATION OF ACTIONS — Malpractice […]

Lone Star Steel Company, a Texas Corporation, Petitioner, v. Joseph F. Dolan, Executive Director, Department of Revenue, State of Colorado, Respondents. No. 81SC382Supreme Court of Colorado. Decided August 22, 1983. Certiorari to the Colorado Court of Appeals Page 917 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

(553 P.2d 774) The People of the State of Colorado v. Maxie Martinez No. 27160Supreme Court of Colorado. Decided August 23, 1976. Defendant was charged with first-degree assault. At trial, after close of People’s evidence, defendant made a motion for judgment of acquittal which was granted. Judgment Disapproved 1. ASSAULT AND BATTERY — Acquittal — […]

Donald Stroup, Petitioner, v. The People of the State of Colorado, Respondent. The People of the State of Colorado, Petitioner, v. Donald Stroup, Respondent. Nos. 80SC362 81SC15Supreme Court of Colorado. Decided December 27, 1982. Certiorari to the Colorado Court of Appeals Page 681 Marks Olom, Jonathan L. Olom, for Donald Stroup. J. D. MacFarlane, Attorney […]

The People of the State of Colorado, Plaintiff-Appellee, v. Daniel Duran, Defendant-Appellant. No. 98CA0796Colorado Court of Appeals. July 22, 1999 Appeal from the District Court of Jefferson County, Honorable Leland P. Anderson, Judge, No. 97CR1918. ORDER AFFIRMED Page 314 Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, Cynthia […]

(516 P.2d 116) The People of the State of Colorado v. John Richard Johnson No. 25580Supreme Court of Colorado. Decided November 19, 1973. Defendant was convicted of kidnapping and acquitted of rape. He seeks reversal of the conviction. Affirmed 1. KIDNAPPING — Held Against Will — Material Element. A material element of the crime of […]

The People of the State of Colorado, Petitioner-Appellant, In the Interest of R.W.V., Juvenile-Appellee. No. 96CA0601Colorado Court of Appeals. January 9, 1997 Petition for Rehearing DENIED February 27, 1997 Certiorari Denied September 2, 1997. Appeal from the District Court of Mesa County Honorable Charles A. Buss, Judge No. 94JD894 ORDER REVERSED AND CAUSE REMANDED WITH […]

The People of the State of Colorado, Petitioner, v. Sheila Ann Tyler, Respondent. No. 93SC192Supreme Court of Colorado. Decided May 9, 1994. Opinion was modified, and as modified petition for rehearing DENIED May 16, 1994. Certiorari to the Colorado Court of Appeals JUDGMENT REVERSED AND CASE REMANDED WITH DIRECTIONS Page 1038 Gale A. Norton, Attorney […]

GEICO General Insurance Company, Plaintiff-Appellee, v. Pinnacol Assurance, Defendant-Appellant. No. 01CA2205Colorado Court of Appeals. September 12, 2002 City and County of Denver District Court No. 01CV3960; Honorable Larry J. Naves, Judge ORDER AFFIRMED Chad J. Hessel, Colorado Springs, Colorado, for Plaintiff-Appellee Ritsema Lyon, P.C., Karen L. Spaulding, Denver, Colorado, for Defendant-Appellant Division I Casebolt and […]

Nick Kane; Penny L. Kane; Nicky’s Restaurant and Lounge, Ltd., a Colorado corporation; Nicky’s Restaurant, Lounge and Motor Lodge, a Colorado corporation; Perry E. Bartlett and Audrey M. Bartlett, d/b/a Deer Crest Chalets; Don L. Heinemann and Nelrose R. Heinemann, d/b/a The Villager Motel; Crossed Fingers, Inc., d/b/a Eicher’s Motor Inn, a Colorado corporation; Aldon […]

141 P.2d 1016 HAPPER v. THE PEOPLE. No. 15,369.Supreme Court of Colorado. Decided September 27, 1943. Plaintiff in error was convicted of committing the infamous crime against nature and of an attempt to commit such crime. Affirmed. 1. CRIMINAL LAW — Sentence — Appeal and Error. Where the defendant in a criminal case was found […]

184 P.2d 493 DAVIS v. HEINZE. No. 15,779.Supreme Court of Colorado. Decided September 2, 1947. An action for damages for assault and battery. Judgment for defendant. Affirmed. 1. DAMAGES — Trial — Directed Verdict. In an action for damages, the record being devoid of any evidence of damage sustained by plaintiff, a directed verdict and […]

In re INTERROGATORIES PROPOUNDED BY GOVERNOR Bill RITTER, JR., CONCERNING the EFFECT OF CITIZENS UNITED v. FEDERAL ELECTION COMMISSION, 558 U.S. ___ (2010) ON CERTAIN PROVISIONS OF ARTICLE XXIII OF the CONSTITUTION OF the STATE of Colorado. No. 10SA43.Supreme Court of Colorado. March 22, 2010. Page 893 John W. Suthers, Attorney General, Daniel D. Domenico, […]

(616 P.2d 170) The People of the State of Colorado v. Stuart A. Peretsky No. 78-497Colorado Court of Appeals. Decided May 8, 1980. Rehearing denied June 5, 1980. Certiorari denied September 15, 1980. Defendant appealed the revocation of his deferred sentence. Affirmed 1. CRIMINAL LAW — Revocation of Sentence — Tolled — Second Conviction — […]

(519 P.2d 354) Guy Martin Buick, Inc. v. The Colorado Springs National Bank No. C-396Supreme Court of Colorado. Decided February 19, 1974. Action by seller of automobiles for a mandatory injunction requiring bank, which had made loan to buyer, to deliver title certificates to seller, and bank counterclaimed seeking to compel seller to deliver the […]

In re the Marriage of Hal V. Andersen, Appellant, and Ellen E. Andersen, n/k/a Ellen E. Miller, Appellee. No. 94CA1462Colorado Court of Appeals. Decided April 20, 1995 Appeal from the District Court of Larimer County Honorable Arnaud Newton, Judge No. 91DR1293. Page 1162 ORDER AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS. […]

3 P.2d 791 NASH ET AL. v. GURLEY. No. 12,522.Supreme Court of Colorado. Decided September 21, 1931. On application to set aside default judgment. Application denied. Affirmed. 1. JUDGMENT — Default — Setting Aside — Appeal and Error. An application to set aside a default judgment must be supported by affidavit, and is addressed to […]

(255 P.2d 976) MAULDIN ET AL. v. LOWERY. No. 16,750.Supreme Court of Colorado. Decided March 9, 1953. Rehearing denied April 20, 1953. An action for damages for fraud and deceit. Judgment for plaintiff. Affirmed. 1. PRACTICE AND PROCEDURE — Appeal and Error — Rules. On review of a cause in the Supreme Court, counsel for […]

In re the Marriage of Roger W. Sharp, Appellee, and Beverly M. Sharp, Appellant. No. 90CA1224Colorado Court of Appeals. Decided December 5, 1991. Appeal from the District Court of Adams County Honorable Thomas R. Ensor, Judge. Page 1388 Springer Steinberg, P.C., Jeffrey A. Springer, for Appellee. John T. Maley, for Appellant. Division III. Opinion by […]

In the Matter of the Conservatorship of Jason Roth, Protected Person-Appellee, and Concerning United Bank of Garden of the Gods, N.A., Claimant-Intervenor-Appellant. No. 89CA1263Colorado Court of Appeals. Decided August 30, 1990. Rehearing Denied October 11, 1990. Certiorari Denied February 11, 1991 (90SC688). Appeal from the District Court of El Paso County Honorable D. Richard Toth, […]

103 P.2d 487 FIRST NATIONAL BANK OF LIMON v. MATTESON ET AL. No. 14,611.Supreme Court of Colorado. Decided May 27, 1940. Rehearing denied June 17, 1940. Action to foreclose a chattel mortgage. Judgment for defendants. Affirmed. On Application for Supersedeas. 1. CONTRACTS — Partido. A partido contract need not be in any set form, nor […]

Michael K. Mladjan and Kim Andrews-Mladjan, Plaintiffs-Appellees, v. Public Service Company of Colorado, a Colorado corporation, Defendant-Appellant. No. 88CA1872Colorado Court of Appeals. Decided May 10, 1990. Rehearing Denied June 14, 1990. Certiorari Denied September 24, 1990 (90SC428). Appeal from the District Court of the City and County of Denver Honorable J. Stephen Phillips, Judge Page […]

(504 P.2d 360) Robert G. Dunham and Mary Dunham, his wife v. The City of Golden, a municipal corporation, Jon Andren, Mayor of the City of Golden, and Mayford Peery No. 72-099Colorado Court of Appeals. Decided November 14, 1972. Rehearing denied November 28, 1972. Action to prevent city from condemning strip of plaintiffs’ land for […]

(500 P.2d 384) Nicholas R. Frederics v. Robert F. Wilson, Rose Bressler, Nicholas Evanich and Robert Tom Evanich — Nicholas R. Frederics v. D. W. Bell, Rose Bressler, Nicholas Evanich, and Robert Tom Evanich No. 71-219Colorado Court of Appeals. Decided June 20, 1972. Rehearing denied July 11, 1972. Certiorari denied August 28, 1972. Counterclaim of […]

Donnie Ray McCall, Petitioner, v. The District Court for the Twenty-First Judicial District, State of Colorado, and the Honorable Charles A. Buss, one of the Judges thereof, Respondents. No. 89SA76Supreme Court of Colorado. Decided December 4, 1989. Page 1224 Original Proceedings David F. Vela, Colorado State Public Defender, Thomas M. Van Cleave, III, Deputy State […]

(489 P.2d 584) Floyd Edward Walker v. The People of the State of Colorado No. 23479Supreme Court of Colorado. Decided June 21, 1971. Rehearing denied August 3, 1971 Defendant was found guilty of voluntary manslaughter and seeks reversal of the judgment or in the alternative a new trial on the charge of manslaughter and dismissal […]

(366 P.2d 585) DOROTHEA LAPOE v. ANDREW WYSOWATCKY AS EXECUTOR OF THE ESTATE OF WALTER F. WRIGHT, DECEASED, ETC. No. 19,781.Supreme Court of Colorado. Decided November 27, 1961. Rehearing denied December 18, 1961. Petition to remove special administrator in an estate matter. Petition denied. Writ of Error Dismissed 1. EXECUTORS AND ADMINISTRATORS — Appeal and […]

(456 P.2d 743) John A. Kunzman, William C. Kunzman, Ruth Kunzmann, Individually and as Executrix of the Estate of Charles Kunzman, deceased v. Union Pacific Railroad Company, a Utah Corporation. No. 22460.Supreme Court of Colorado. Decided July 14, 1969. Rehearing denied August 5, 1969. Action by landowners claiming interest in right-of-way leased by railroad to […]

In re the Petition of: S.O., Petitioner-Appellee, For the Adoption of a Child: E.E.F., and Concerning: D.J.T., Respondent-Appellant. No. 89SA449Supreme Court of Colorado. Decided July 16, 1990. Appeal from Denver Juvenile Court Honorable Morris E. Cole, Judge Page 255 Marshall Quiat, for Petitioner-Appellee. Joan S. Brett, Edwards, Terrill, Brett Ridgway, for Respondent-Appellant. EN BANC JUSTICE […]

68 P.2d 452 CAVALERI v. NORTH AMERICAN ACCIDENT INSURANCE COMPANY. No. 14,056.Supreme Court of Colorado. Decided May 3, 1937. Rehearing denied May 24, 1937. Suit an accident insurance policy. Judgment of dismissal. Reversed. 1. APPEAL AND ERROR — Reversal of Judgment — Further Proceedings. Where on review the judgment is reversed and the cause remanded […]

Equico Lessors, Inc., a Delaware corporation, Plaintiff-Appellant, v. Tak’s Automotive Service, a Colorado partnership; Takao Shiramizu, an individual partner; and Gary L. Shiramizu, an individual partner, Defendants-Appellees. No. 83CA0709Colorado Court of Appeals. Decided March 15, 1984. Appeal from the District Court of the City and County of Denver Honorable Roger Cisneros, Judge Popham, Haik, Schnobrich, […]

(527 P.2d 56) Aulden Odean Bacher v. The District Court in and for the County of Gunnison, State of Colorado, The Honorable Fred Calhoun, as one of the judges of the District Court, and Bonnie Bacher No. 26530Supreme Court of Colorado. Decided October 7, 1974. Original proceeding by petitioner (ex-husband) seeking a writ in the […]

(497 P.2d 327) Alice M. Chambers v. Raymond H. Shivers No. 70-695Colorado Court of Appeals. Decided May 16, 1972. Action for commission allegedly due real estate broker. Under instructions authorizing quantum meruit recovery, jury awarded plaintiff $3,625. Defendant appealed. Reversed 1. BROKERS — Services — Contract Implied — Certain Circumstances — Limitation — Expectation of […]

(281 P.2d 513) PUEBLO, A MUNICIPAL CORPORATION v. J. ARTHUR GRADY. No. 17,490.Supreme Court of Colorado. Decided March 21, 1955. Action by officer to recover salary for period covered by alleged illegal suspension. Judgment for plaintiff. Affirmed. 1. MUNICIPAL CORPORATIONS — Civil Service — Officers. Under the Civil Service provisions of the charter of the […]

(489 P.2d 1305) Henry C. Atwood and Ralph P. Betts v. The People of The State of Colorado. No. 24016Supreme Court of Colorado. Decided October 18, 1971. Rehearing denied November 15, 1971. Defendant Atwood was convicted of aggravated robbery and Betts of simple robbery and both brought error. Affirmed. 1. ROBBERY — Aggravated — Simple […]

63 P.2d 882 COLE ET AL. v. HESS ET AL. No. 13,855Supreme Court of Colorado. Decided December 7, 1936. Suit on cognovit note. Judgment for plaintiffs. Reversed. 1. APPEAL AND ERROR — Practice and Procedure. On review, where uncertainty exists as to the proceedings below, the appellate court will consider that done which ought to […]

Federal Deposit Insurance Corporation, as receiver for Buena Vista Bank Trust Company, Plaintiff and Judgment Creditor-Appellee, v. Roy L. Bowen, Philip L. Smith, and Glenn R. McGowan, Defendants and Judgment Debtors-Appellees, and American Casualty Company of Reading, Pennsylvania, Garnishee Defendant-Appellant, and American Casualty Company of Reading, Pennsylvania, Plaintiff-Appellant, v. Roy L. Bowen, Philip L. Smith, […]

Richard Ricklin, Plaintiff-Appellant, v. Helen Smith, Defendant-Appellee. No. 80CA0452Colorado Court of Appeals. Decided February 3, 1983. Rehearing Denied February 24, 1983. Certiorari Denied September 6, 1983. Appeal from the District Court of the City and County of Denver Honorable Robert Kingsley, Judge Dufty, Schoenwald, Hultin, Pamela N. Hultin, for plaintiff-appellant. Erickson, Quigley and Goss, P.C., […]

(586 P.2d 1329) The People of the State of Colorado v. The District Court in and for the Tenth Judicial District, State of Colorado, and the Honorable Richard D. Robb, one of the District Judges in and for the Tenth Judicial District, State of Colorado No. 28181Supreme Court of Colorado. Decided October 30, 1978. Opinion […]

Colorado Civil Rights Commission, Petitioner, and Dominic J. Gargano and Stephen S. Reffel, Complainants, v. North Washington Fire Protection District, Respondent. No. 87SC432Supreme Court of Colorado. Decided April 17, 1989. Certiorari to the Colorado Court of Appeals. Page 71 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]

Ronnie Phillips, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado; Fiala Foundations; and State Compensation Insurance Authority, Respondents. No. 88SC260Supreme Court of Colorado. Decided November 27, 1989. Page 272 Certiorari to the Colorado Court of Appeals Steven U. Mullens, P.C., Steven U. Mullens, James A. May, for Petitioner. Duane Woodard, Attorney […]

John Fount May, Jr. v. The People of the State of Colorado No. 80SC77Supreme Court of Colorado. Decided September 21, 1981. Certiorari to the District Court of Larimer County, Honorable William F. Dressel, Judge. Page 673 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT […]

Gary CHRISTEL; Marinela Christel; Theron Merrill; and Evangeline Christel and Conrad Christel, minor children by next friends Gary Christel and Marinela Christel, Plaintiffs-Appellants, v. EB ENGINEERING, INC., a Colorado corporation d/b/a Scott Cox Associates, Inc., and William H. Mitzelfeld, Defendants-Appellees. No. 03CA1716.Colorado Court of Appeals. March 24, 2005. Rehearing Denied June 16, 2005. Page 1268 […]

The State of Colorado, by and through the Colorado State Claims Board of the Division of Risk Management, Plaintiff-Appellee, v. Yvonne E. DeFoor; Frank Bowen; Margie Bowen; Elinor M. Butenhoff; Urs Frei; Michael Hatton; the Estate of Anna Hayes, Deceased; the Children and Estate of Arlene Johnson, Deceased; Estate of John Killeen, Deceased; Estate of […]

(402 P.2d 932) H. C. FLAUGH, d/b/a H. C. FLAUGH CONSTRUCTION COMPANY v. EMPIRE CLAY PRODUCTS, INC. No. 20749.Supreme Court of Colorado. Decided June 14, 1965. Action in debt by materialman against principal contractor to recover a sum of money on an account for goods sold and delivered to subcontractors. Judgment for plaintiff. Reversed and […]

Donald L. Niemet and Connie Niemet, Plaintiffs-Appellees, and State Compensation Insurance Authority, Plaintiff-Intervenor-Appellee, v. General Electric Company, a New York corporation, doing business in Colorado, Defendant-Appellant. No. 91CA0198Colorado Court of Appeals. Decided June 25, 1992. Rehearing Denied July 23, 1992. Certiorari Granted January 4, 1993 (92SC552). Certiorari Granted on the following issues: Whether the court […]

The People of the State of Colorado v. Thomas E. Traubert No. 80SA109Supreme Court of Colorado. Decided March 16, 1981. Page 992 Appeal from the District Court of the City and County of Denver, Honorable Karen S. Metzger, Judge. Dale Tooley, District Attorney, O. Otto Moore, Assistant, Brooke Wunnicke, Chief Appellate Deputy, for plaintiff-appellant. No […]

(262 P.2d 550) PEOPLE EX REL. DUNBAR, ATTORNEY GENERAL v. COUNTY COURT OF THE CITY AND COUNTY OF DENVER ET AL. No. 17,205.Supreme Court of Colorado. Decided October 19, 1953. A proceeding in prohibition involving the question of why certain officials should not be held in contempt of court for refusing to admit a mentally […]