Category: Colorado Court Opinions

The People of the State of Colorado, Petitioner-Appellant, In the Interest of: S.J.F., A Child, Appellee, And Concerning: L.F., Respondent. No. 87SA36Supreme Court of Colorado. Decided April 27, 1987. Interlocutory Appeal from District Court, Arapahoe County Honorable Richard L. Kaylor, Judge Robert R. Gallagher, Jr., District Attorney, Richard H. Bloch, Deputy District Attorney, for Petitioner-Appellant. […]

In re the Marriage of Brigitte Burke, Appellee, and Michael B. Burke, Appellant. No. 01CA0231Colorado Court of Appeals. November 23, 2001 City and County of Denver District Court No. 97DR3452; Honorable Martin F. Egelhoff, Judge. ORDER REVERSED AND CASE REMANDED WITH DIRECTIONS Page 1227 Conrad R. Kindsfather Associates, Conrad R. Kindsfather, Arvada, Colorado, for Appellee […]

(229 P.2d 945) MALVERNIA INVESTMENT COMPANY v. CITY OF TRINIDAD, COLORADO. No. 16,619.Supreme Court of Colorado. Decided April 2, 1951. An action against a municipal corporation for damages alleged to have been caused by neglect to care for its storm sewers. Judgment for defendant. Affirmed. 1. MUNICIPAL CORPORATIONS — Drainage — Damages. A municipal corporation […]

Penny Powers Thomas, Petitioner, v. The People of the State of Colorado, Respondent. Allyn David McMullin, Petitioner, v. The People of the State of Colorado, Respondent. No. 94SC204 No. 94SC236Supreme Court of Colorado. May 8, 1995 Certiorari to the District Court, Larimer County, Honorable James H. Hiatt, Judge Certiorari to the District Court, Larimer County, […]

(429 P.2d 293) B M Service, Inc., Jefferies-Eaves, Inc., John Bunning Transfer Co., Inc., and H. J. Jefferies Truck Line, Inc. v. The Public Utilities Commission of the State of Colorado. No. 21964.Supreme Court of Colorado. Decided July 3, 1967. Proceeding involving Public Utilities Commission’s control of leased equipment by regulated private and common carriers. […]

Merrick Company, a Colorado corporation, Plaintiff-Appellant, v. Estate of Anton C. Verzuh, Deceased, Defendant-Appellee. No. 98CA1064Colorado Court of Appeals. September 16, 1999 Page 951 Appeal from the District Court of Gunnison County, Honorable J. Steven Patrick, Judge, No. 96CV114 JUDGMENT REVERSED AND CAUSE REMANDED WITH DIRECTIONS Page 952 Burns, Wall, Smith Mueller, P.C., Robert T. […]

James H. Elijah and June A. Elijah, Petitioners, v. George S. Fender Respondent. and George S. Fender, Petitioner, v. James H. Elijah and June A. Elijah, Respondents. No. 82SC135 No. 82SC147Supreme Court of Colorado. Decided January 9, 1984. Certiorari to the Colorado Court of Appeals Page 947 Ralph B. Harden, Harden, Schmidt Haas, P.C., for […]

40 P.2d 233 TREECE v. THE PEOPLE. No. 13,539.Supreme Court of Colorado. Decided December 17, 1934. Plaintiff in error was convicted of perjury. Reversed. 1. CRIMINAL LAW — Information — Sufficiency. If an information is defective merely in matters of form, objections thereto must be raised prior to trial; but if an essential ingredient of […]

In re the Marriage of Douglas Pooley, Appellant, and Barbie L. Pooley, Appellee. No. 98CA2059.Colorado Court of Appeals. Division II. September 2, 1999. Rehearing Denied October 7, 1999. Certiorari Denied March 27, 2000. Appeal from the District Court of the City and County of Denver, Honorable William G. Meyer, Judge, No. 97DR3135. Page 231 JUDGMENT […]

96 P.2d 846 STATE COMPENSATION INSURANCE FUND ET AL. v. RUSSELL. No. 14,661Supreme Court of Colorado. Decided November 27, 1939. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Reversed. 1. WORKMEN’S COMPENSATION — Commission Findings — Court Jurisdiction. If there is sufficient competent evidence introduced before the Industrial Commission in a workmen’s compensation […]

(261 P.2d 1021) MANION ET AL. v. STEPHENS. No. 17,043.Supreme Court of Colorado. Decided September 14, 1953. Rehearing denied October 26, 1953. An action for damages where turkeys belonging to plaintiff were alleged to have become a part of defendants’ flock and sold by them, whereby plaintiff sustained a loss of the value thereof. Judgment […]

Roger Ornelas, Complainant-Appellee, v. Department of Institutions, Division of Youth Services, Respondent-Appellant. No. 89CA0425Colorado Court of Appeals. Decided July 19, 1990. Rehearing Denied September 20, 1990. Certiorari Denied February 11, 1991 (90SC653). Appeal from the State Personnel Board Page 236 Vonda G. Hall, for Complainant-Appellee. Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney […]

FARMERS INSURANCE EXCHANGE, an insurer, and owner of Mid-Century Insurance Company; and Mid-Century Insurance Company, a California corporation, Petitioners v. Marc A. BENZING, on behalf of himself and all others similarly situated, Respondent. No. 07SC483.Supreme Court of Colorado. April 27, 2009. Appeal from the District Court, El Paso County, 2005 WL 6180812, Edward S. Colt, […]

(576 P.2d 553) American Metals Climax, Inc. and State Compensation Insurance Fund v. Tony E. Cisneros and Industrial Commission of Colorado No. C-1353Supreme Court of Colorado. Decided March 27, 1978. Employer and State Compensation Insurance Fund appealed from an award by the Industrial Commission which awarded workmen’s compensation benefits for permanent partial disability to underground […]

The People of the State of Colorado, Plaintiff-Appellee v. Edward Rudolph Montoya Defendant-Appellant No. 81SA305Supreme Court of Colorado. Decided June 14, 1982. Rehearing denied July 19, 1982. Appeal from the District Court of the County of Pueblo Honorable Jack F. Seavy, Judge. J. D. McFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. […]

The Writer Corporation, a Colorado corporation; Centex Homes Corporation, a Nevada corporation, and Wood Brothers Homes, Inc., a Delaware corporation, Plaintiffs-Appellants, v. The Colorado State Board of Equalization, Ted L. Strickland, Beverly Bledsoe, Kenneth D. Smith, as members of said Board; Arapahoe County Board of Equalization; Mary Anne Maurer, as Colorado State Property Tax Administrator; […]

72 P.2d 1118 HACKETT v. MULLEN ET AL. No. 14,176.Supreme Court of Colorado. Decided October 11, 1937. Judgment affirmed en banc without written opinion. Error to the District Court of Boulder County, Hon. Claude C. Coffin, Judge. Mr. JOSEPH N. BAXTER, for plaintiff in error. Mr. H. A. DAVIS, Mr. FRANK F. DOLAN, for defendants […]

Robert Postlewait, Petitioner, v. Midwest Barricade; USFG; and the Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 94CA2151Colorado Court of Appeals. Decided September 28, 1995 Review of Order from the Industrial Claim Appeals Office of the State of Colorado W.C. No. 4-139-000 ORDER AFFIRMED OPINION PREVIOUSLY ANNOUNCED AS NON-PUBLISHED JULY 6, 1995 […]

Amax Potash Corporation, Plaintiff-Appellant v. Trans-Resources, Inc., Defendant-Appellee. No. 90CA0763Colorado Court of Appeals. Decided July 5, 1991. Rehearing Denied August 15, 1991. Appeal from the District Court of the City and County of Denver Honorable Clifton A. Flowers, Judge. Page 599 Rothgerber, Appel, Powers Johnson, Frederick J. Baumann, Melissa A. Muilenburg; Paul, Weiss, Rifkind, Wharton […]

Edward C. Moeller and Anne Moeller, Petitioners, v. Colorado Real Estate Commission, Respondent. No. 86SC199Supreme Court of Colorado. Decided July 5, 1988. Opinion modified and, as modified, Rehearing Denied August 8, 1988. Certiorari to the Colorado Court of Appeals Allen, Rogers, Metcalf Vahrenwald, Donald E. Johnson, Jr., J. Brian McMahill, for Petitioners. Duane Woodard, Attorney […]

Common Sense Alliance, an unincorporated Colorado Association, Plaintiff, v. Donetta Davidson, Secretary of State for the State of Colorado; Kenneth Salazar, Attorney General for the State of Colorado; Mac Myers, District Attorney for the Ninth Judicial District, State of Colorado; and John M. Ely, County Attorney for the County of Pitkin, State of Colorado, Defendants. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Michael Coleman, Defendant-Appellant. No. 89CA1523Colorado Court of Appeals. Decided July 2, 1992. Rehearing Denied August 20, 1992. Certiorari Denied February 1, 1993 (92SC616). Appeal from the District Court of Arapahoe County Honorable Jack F. Smith, Judge. Page 1216 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE […]

The Atchison, Topeka and Santa Fe Railway Company, Petitioner-Appellant, v. The Public Utilities Commission of the State of Colorado, the City and County of Denver, the Denver Rio Grande Western Railroad Company, the Burlington Northern Railroad Company, the City of Arvada, the City of Colorado Springs, State Department of Highways-State of Colorado, the Union Pacific […]

(475 P.2d 30) P. L. Robb v. School District No. RE 50(J) in the counties of Adams, Weld and Morgan and State of Colorado; and Board of Education of School District No. RE 50(J) in the counties of Adams, Weld and Morgan and State of Colorado No. 70-244 (Supreme Court No. 23465)Colorado Court of Appeals. […]

Lyle Alzado, Petitioner, v. Blinder, Robinson Co., Inc., a Colorado corporation, and Arnold Tinter, Respondents. No. 85SC370Supreme Court of Colorado. Decided February 16, 1988. Certiorari to the Colorado Court of Appeals Page 545 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 546 […]

The People of the State of Colorado v. Vincent H. Brown No. 81SA102Supreme Court of Colorado. Decided August 31, 1981. Rehearing denied September 21, 1981. Appeal from the District Court of the City and County of Denver, Honorable Gilbert A. Alexander, Judge. J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy, Mary J. Mullarkey, Solicitor […]

27 P.2d 499 NATIONAL SALES CORPORATION v. DENNIS ET AL. No. 13,043.Supreme Court of Colorado. Decided November 20, 1933. Suit for injunction and damages. Judgment for defendants. Affirmed. 1. CONTRACTS — Interpretation. In interpreting a contract courts must endeavor to ascertain and effectuate the intent of the parties to it, and for that purpose resort […]

THE PEOPLE OF THE STATE OF COLORADO, Complainant, v. RICHARD N. GONZALES, Attorney-Respondent. No. 96SA233Supreme Court of Colorado. August 19, 1996 Original Proceeding in Discipline PUBLIC CENSURE Linda Donnelly, Disciplinary Counsel Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, Colorado Attorneys for Complainant. Arthur S. Nieto, Denver, Colorado, Attorney for Attorney-Respondent. EN BANC PER CURIAM [1] […]

(488 P.2d 1109) Nicholas John Digiallonardo v. The People of The State of Colorado Antonio Ciccarelli v. The People of The State of Colorado No. 24116 No. 24213Supreme Court of Colorado. Decided September 20, 1971. Rehearing denied in 24213 October 12, 1971 Defendants were convicted of confidence game and conspiracy to commit confidence game and […]

Board of County Commissioners of the County of Boulder, Plaintiff-Appellant, v. James Martin, Defendant-Appellee. No. 92CA1409Colorado Court of Appeals. Decided June 3, 1993. Appeal from the District Court of Boulder County Honorable Murray Richtel, Judge Page 63 H. Lawrence Hoyt, Madeline J. Mason, Boulder County Attorney, for Plaintiff-Appellant. James Martin, Pro Se. Division V. Opinion […]

In re the Marriage of: John H. Nixon, Appellant, and Carryn Marie Nixon, Appellee. No. 88CA1278Colorado Court of Appeals. Decided November 24, 1989. Page 152 Appeal from the District Court of Jefferson County Honorable James D. Zimmerman, Judge Sheldon F. Goldberg, for Appellant. Solomon Lindquist-Kleissler, David A. Solomon, Carmen S. Danielson, for Appellee. Division IV. […]

The People of the State of Colorado, Plaintiff-Appellee, v. Thaddiues Martinez Williams, Defendant-Appellant. No. 82CA1267Colorado Court of Appeals. Decided May 2, 1985. Rehearings Denied May 30, 1985. Certiorari Denied Williams October 21, 1985. Certiorari Denied People October 21, 1985. Appeal from the District Court of Adams County Honorable Dorothy Binder, Judge Page 1024 Duane Woodard, […]

Christopher Shane Gray, Petitioner, v. The District Court of the Eleventh Judicial District, and the Honorable John E. Anderson, III, one of the judges thereof, Respondents. No. 94SA109Supreme Court of Colorado. Decided October 11, 1994. Petition for Rehearing DENIED November 29, 1994. Original Proceeding RULE DISCHARGED Page 287 David F. Vela, Colorado State Public Defender, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Christopher Quackenbush, a/k/a Christopher Safford, Defendant-Appellee. No. 82SA528Supreme Court of Colorado. Decided September 4, 1984. Appeal from District Court, Weld County Honorable John J. Althoff, Judge Page 449 Duane Woodard, Attorney General, Charles B. Howe, Deputy Attorney General, Richard H. Forman, Solicitor General, Clement P. Engle, […]

(439 P.2d 342) James Wilson Bishop v. The People of the State of Colorado. No. 22196.Supreme Court of Colorado. Decided April 15, 1968. Defendant was convicted of second degree murder and brought error. Affirmed. 1. WITNESSES — Prior Inconsistent Statements — Relevancy — Admissibility — Purpose — Discredit Witness. Prior inconsistent statements, if relevant, material […]

The People of the State of Colorado, Plaintiff-Appellee, v. Brenda Wiley, Defendant-Appellant. No. 00CA0956Colorado Court of Appeals. December 6, 2001 Certiorari Denied June 24, 2002 Morgan County District Court No. 99CR85 Honorable Douglas R. Vannoy, Judge JUDGMENT AFFIRMED Page 362 Ken Salazar, Attorney General, Rebecca A. Adams, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee David […]

In the Matter of the Application of: Masters Investment Company, Inc., Applicant-Appellant, v. Irrigationists Association, Jeris A. Danielson, State Engineer, State of Colorado, and James A. Clark, Division Engineer, Water Division No. 1., Objectors-Appellees. No. 83SA38Supreme Court of Colorado. Decided July 8, 1985. Appeal from District Court, Water Division No. 1 Honorable Robert A. Behrman, […]

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Jamie Shane ATENCIO, Defendant-Appellee. No. 08CA2086.Colorado Court of Appeals. June 11, 2009. Appeal from the District Court, Denver County, No. 92CR2906, Catherine A. Lemon, J. Mitchell R. Morrissey, District Attorney, Robert J. Whitley, Chief Appellate Deputy District Attorney, Denver, Colorado, for Plaintiff-Appellant. No Appearance for Defendant-Appellant. […]

The PEOPLE of the State of Colorado, Petitioner, In the Interest of A.G., A.G., R.B. and N.B., Minor Children, and Concerning CM., Respondent. No. 10SC330.Supreme Court of Colorado. October 17, 2011. Appeal from the District Court, Otero County, Michael A. Schiferl, J. Page 647 Mendenhall Malouff, R.L.L.P., Phillip F. Malouff, Jr., La Junta, Colorado, Attorneys […]

Petitioner/Cross-Respondent: Frank ALOI, v. Respondent/Cross-Petitioner: UNION PACIFIC RAILROAD CORPORATION, a Delaware company. No. 04SC320.Supreme Court of Colorado. March 6, 2006. Page 1000 Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Springer Steinberg, P.C., Michael P. Zwiebel, Denver, for Petitioner/Cross-Respondent. Hall Evans, LLC, Alan Epstein, C. Willing Browne, Malcolm S. Mead, Denver, for Respondent/Cross-Petitioner. RICE, Justice. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Elaine Loretta Butler Nygren, Virginia Lois Wheeler, and R R Operating Co., d/b/a Twin Pines Nursing Home, Defendants-Appellees. No. 83SA435Supreme Court of Colorado. Decided February 4, 1985. Rehearing Denied February 25, 1985. Appeal from District Court, Larimer County Honorable Conrad L. Ball, Senior District Judge, Sitting […]

The People of the State of Colorado, Plaintiff-Appellant, v. Andre Carl McCullough, Defendant-Appellee. No. 99SA317Supreme Court of Colorado. July 3, 2000 Interlocutory Appeal from the Adams County District Court, Honorable Harlan R. Bockman, Judge EN BANC. ORDER REVERSED AND CASE REMANDED. Page 775 Robert S. Grant, District Attorney Seventeenth Judicial District, Michael J. Milne, Senior […]

State of Colorado, ex rel. Ken Salazar, Attorney General for the State of Colorado; and Laura E. Udis, Administrator, Uniform Consumer Credit Code, Plaintiffs-Appellants, v. The Cash Now Store, Inc., Defendant-Appellee. — and — The Cash Now Store, Inc., Plaintiff-Appellee, v. The State of Colorado, acting by and through the Administrator of the Uniform Consumer […]

87 P.2d 749 FORD ET AL. v. GENEREUX. No. 14,366.Supreme Court of Colorado. Decided February 20, 1939. Action in forcible entry and detainer. Judgment for plaintiff. Affirmed. 1. TAXES AND TAXATION — Deed — Validity. A tax deed is not invalid because of its failure to disclose the day upon which the land involved was […]

(347 P.2d 126) WILLIAM HOY ASKINS v. B. K. EASTERLING. No. 18,412.Supreme Court of Colorado. Decided November 30, 1959. Action to establish constructive trust in real property. Judgment for plaintiff. Affirmed. 1. EVIDENCE — Real Property — Statement of Former Owner — Hearsay — Exception. Statements of a deceased former owner of real estate are […]

Mile High United Way, Inc., Plaintiff-Appellant, v. Board of Assessment Appeals of the State of Colorado and Property Tax Administrator of the State of Colorado, Defendants-Appellees. No. 89CA0796Colorado Court of Appeals. Decided April 26, 1990. Rehearing Denied May 24, 1990. Certiorari Denied December 10, 1990 (90SC392). Appeal from the District Court of Arapahoe County Honorable […]

(606 P.2d 45) The People of the State of Colorado v. Kenneth A. Selby No. 28383Supreme Court of Colorado. Decided October 9, 1979. Original proceedings in discipline. Attorney Disbarred 1. ATTORNEYS AT LAW — Long History — Covert Recording — Private Discussion — Judge in Chambers — Without Consent — Use — Misleading — False […]

Stanley Louis Sall, a/k/a Stan Sall, Plaintiff-Appellant, v. Paul Barber, Defendant-Appellee. No. 87CA1909Colorado Court of Appeals. Decided April 27, 1989. Rehearing Denied June 15, 1989 Appeal from the District Court of El Paso County Honorable Douglas E. Anderson, Judge Page 1217 Stephen J. Sletta, for Plaintiff-Appellant. Retherford, Mullen, Rector Johnson, Anthony A. Johnson, Linda M. […]

Randy CROSBY, Robert Espinoza, Jamie Marquez, Mary James, Joy Sholts, Rochelle Duran, Juan Gonzales, Sandra Lesher-Thomas, Teresa Hill, and Robert J. Steele, Plaintiffs-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, and American Standard Insurance Company of Wisconsin, a Wisconsin corporation, Defendants-Appellees. Karen K. Rovenstine, Delores Baca, Ronald L. Vialpando, Juanita I. DeHerrera, David […]

(352 P.2d 673) JACK LEE TAGUE v. PEOPLE OF THE STATE OF COLORADO. No. 19,174.Supreme Court of Colorado. Decided May 31, 1960. Defendant was convicted of an offense and brings error. Reversed. 1. CRIMINAL LAW — Appeal and Error — Evidence — Sufficiency. Where evidence was insufficient to support conviction of attempt to commit crime […]

193 P.2d 881 STECKER v. SNYDER ET AL. No. 15,782.Supreme Court of Colorado. Decided April 26, 1948. An action on a promissory note involving an attachment and garnishment proceedings. Writ of garnishment dismissed. Affirmed. 1. PARTIES TO ACTIONS — Appearance. Generally, when a party invokes the power of the court on the merits, or asks […]

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ivan A. GONZALES-QUEVEDO, Defendant-Appellant. No. 05CA2434.Colorado Court of Appeals. October 30, 2008. Appeal from the District Court, Archuleta County, Timothy L. Fasing, J. Page 610 John W. Suthers, Attorney General, Roger G. Billotte, Assistant Attorney General, Denver, Colorado, for Plaintiff-Appellee. Law Offices of Ingrid J. DeFranco, […]

The People of the State of Colorado, Plaintiff-Appellant, v. Richard Allen Smith, Defendant-Appellee. The People of the State of Colorado, Plaintiff-Appellee, v. Richard Allen Smith, Defendant-Appellant. No. 91CA1240, No. 91CA1231Colorado Court of Appeals. Decided December 3, 1992. Rehearing Denied January 28, 1993. Certiorari Granted on 91CA1240 July 26, 1993 (93SC148). Certiorari Granted on the following […]

The People of the State of Colorado, Complainant, v. Patrick Martin Reedy, Attorney-Respondent. No. 98SA262Supreme Court of Colorado. October 19, 1998 Original Proceeding in Discipline Page 1058 ATTORNEY SUSPENDED Linda Donnelly, Disciplinary Counsel, John S. Gleason, Deputy Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Patrick Martin Reedy, Pro Se, Denver, Colorado. EN BANC PER CURIAM […]

East 40th Corporation, d/b/a Pace Liquors, Petitioner-Appellee, v. The City of Aurora, by and through its local licensing authority and the members thereof, Respondents-Appellants. No. 85CA1664Colorado Court of Appeals. Decided July 2, 1987. Rehearing Denied August 27, 1987. Certiorari Denied Aurora November 16, 1987 (87SC348). Appeal from the District Court of Arapahoe County Honorable Richard […]

The People of the State of Colorado, Complainant, v. Forest E. Clark, Jr. Attorney-Respondent. No. 82SA598Supreme Court of Colorado. Decided January 30, 1984. Original Proceedings in Discipline James P. Hollaway, Committee Counsel, Linda Donnelly, Disciplinary Prosecutor, Supreme Court Grievance Committee, for complainant. Robert D. Gower, for respondent En Banc. JUSTICE LOHR delivered the opinion of […]

William E. Landsberg, Guardian Ad Litem of minors Robert Joseph Skaggs, Thomas Lee Skaggs, William Joseph Skaggs, Cheril Lien Skaggs and Daniel James Skaggs; and Robert H. Skaggs, Plaintiffs-Appellees, v. James E. Hutsell and R.L. Harrison Trucking Company, Inc., Defendants-Appellants. No. 90CA0912Colorado Court of Appeals. Decided January 16, 1992. Rehearing Denied March 19, 1992. Certiorari […]

SPECIALTY RESTAURANTS CORP. and Colorado Insurance Guaranty Association c/o Western Guaranty Fund Services, Petitioners, v. Stephanie NELSON and Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 09SC536.Supreme Court of Colorado. May 10, 2010. Appeal from the Supreme Court, Hobbs, J., Page 394 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

(445 P.2d 713) Overland Motor Express, Inc., doing business as Boulder-Denver Truck Line v. Kingery Transportation Co., Ernest J. Trenberth, Walter A. Smith; The Public Utilities Commission of the State of Colorado, and Henry E. Zarlengo, Ralph C. Horton and Howard S. Bjelland, individually and as members thereof; and Contract Carriers Conference of the Colorado […]

(263 P.2d 580) CITY AND COUNTY OF DENVER ET AL. v. CAPRA. No. 17,127.Supreme Court of Colorado. Decided November 23, 1953. An action for damages alleged to have resulted from the careless and negligent manner in which defendants kept, maintained and operated an irrigation ditch. Judgment for plaintiff. PER CURIAM. Judgment affirmed en banc without […]

23 P.2d 118 PEOPLE EX REL. COLORADO BAR ASSOCIATION v. LINDSEY. No. 12,130.Supreme Court of Colorado. Decided June 5, 1933. On petition of disbarred attorney for reinstatement. Petition Denied. 1. ATTORNEY AND CLIENT — Disbarment — Reinstatement. An attorney, by reason of his conduct subsequent to disbarment, held not entitled to reinstatement. Original Proceeding. Mr. […]

(405 P.2d 740) Alfred Quintana v. The People of The State of Colorado. No. 21103Supreme Court of Colorado. Decided September 20, 1965. Defendant was convicted of aggravated robbery and conspiracy to commit aggravated robbers, and brings error. Reversed. 1. CRIMINAL LAW — Jurors — News Articles — Trial — Judge — Discretion. In a criminal […]

(365 P.2d 895) DENVER BUSINESS SALES COMPANY, ET AL. v. T. L. LEWIS, ET AL. No. 19,560.Supreme Court of Colorado. Decided October 30, 1961. Rehearing denied November 20, 1961. Action for damages for fraud in the sale of real estate. Judgment for plaintiffs. Reversed. 1. FRAUD — Damages — Measure. In an action based on […]

447 P.2d 1006 Industrial Commission of Colorado, Fortino-Jackson Chevrolet Company, and State Compensation Insurance Fund v. Frank T. Albo. No. 23481.Supreme Court of Colorado. Decided December 16, 1968. From a judgment of the trial court which vacated denial of claim for permanent partial disability benefits and awarded compensation, error was brought. Reversed. 1. WORKERS’ COMPENSATION […]

(596 P.2d 71) Joseph V. Dodge v. John Amrine, Joe Baldwin, Dutch Fister, and all unknown persons who claim any interest in the subject matter of this action No. 78-170Colorado Court of Appeals. Decided March 22, 1979. Rehearing denied April 26, 1979. Certiorari denied June 18, 1979. Defendant appealed from a judgment for plaintiffs in […]

Marilyn WILSON, Plaintiff-Appellant, v. George PRENTISS and Comanche Peak View, LLC, a Colorado limited liability company, Defendants-Appellees. No. 04CA2435.Colorado Court of Appeals. May 18, 2006. Page 289 Hanes Schutz, P.C., Timothy J. Schutz, Richard W. Hanes, Colorado Springs, Colorado, for Plaintiff-Appellant. Frey, Korb, Haggerty Michaels, P.C., Charles C. Tucker, Fort Collins, Colorado, for Defendants-Appellees. CARPARELLI, […]

Brenda Ohlson, Plaintiff-Appellant, v. Alan Weil, Executive Director of the Colorado Department of Health Care Policy Financing, in his official capacity, and the Colorado Department of Health Care Policy Financing, Defendants-Appellees. No. 96CA0395Colorado Court of Appeals. June 12, 1997 Opinion Modified, and As Modified, Petitions for Rehearing DENIED July 17, 1997 Petition and Cross-Petition for […]

(582 P.2d 678) The City and County of Denver, a municipal corporation; Manager of Safety, Daniel P. Cronin, and Myrle K. Wise, Chief of the Denver Fire Department v. The District Court of the Second Judicial District in and for the City and County of Denver, State of Colorado, The Honorable Robert T. Kingsley, and […]

The Great Western Sugar Company, a Delaware corporation, Plaintiff-Appellee and Cross-Appellant, v. Northern Natural Gas Co., a Delaware corporation, Defendant, Kansas-Nebraska Natural Gas Co., Inc., a Kansas corporation, Defendant-Appellant and Cross-Appellee. No. 80CA0081, 80CA0236Colorado Court of Appeals. Decided June 17, 1982. Rehearing denied July 15, 1982. Certiorari Granted March 21, 1983. Appeal from the District […]

(433 P.2d 330) Donald Kvols, doing business as Kvols Home Improvement v. David L. Lonsdale, Jeanne H. Lonsdale, Morrison and Morrison, Inc., and Mary E. Gregory, Public Trustee of the City and County of Denver. No. 22007.Supreme Court of Colorado. Decided November 6, 1967. Action to recover a sum of money on the basis of […]

(528 P.2d 1299) Terry L. Bagby, Marilyn Ferrari, Jessie Luna, Fred N. Thomas, and Kenneth S. Valis v. School District No. 1, Denver, Colorado; The Board of Education School District No. 1, Denver, Colorado, Omar Blair, Robert L. Crider, Theodore J. Hackworth, Jr., Katherine W. Schomp, James C. Perrill, Frank K. Southworth, and Bernard Valdez, […]

City of Colorado Springs, Petitioner, v. Kathleen F. Conners, Respondent. No. 98SC137Supreme Court of Colorado. February 7, 2000 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED AND CASE REMANDED Page 1168 Patricia K. Kelly, City Attorney, Stacy L. Rouse, Assistant City Attorney-Employment, Colorado Springs, Colorado, Attorneys for Petitioner. John L. Maska, Colorado Springs, Colorado, […]

(320 P.2d 335) ESCOLASTICA MARTINEZ, ET AL. v. ANTONIO SALAZAR. No. 18,501.Supreme Court of Colorado. Decided January 13, 1958. Action to set aside a deed to real property. Judgment for plaintiff. Affirmed. 1. APPEAL AND ERROR — Evidence — Sufficiency — Judgment. In proceedings on error in the Supreme Court where the questions to be […]

(612 P.2d 80) Gerald E. Welsh v. Robert J. Levy No. C-1696Supreme Court of Colorado. Decided June 2, 1980. Rehearing denied June 23, 1980. Certiorari to review the decision of the court of appeals in Levy v. Welsh, 44 Colo. App. 360, 612 P.2d 1135, which reversed a summary judgment entered by the district court […]

The People of the State of Colorado, Plaintiff-Appellee, v. Richard Allen Mathes, Defendant-Appellant. No. 83CA0964Colorado Court of Appeals. Decided February 21, 1985. Rehearings Denied March 21, 1985. Petitions for Certiorari Denied July 1, 1985. Appeal from the District Court of Arapahoe County Honorable Robert F. Kelley, Judge Page 609 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. […]

(364 P.2d 866) CALVIN NORTON v. DARTMOUTH SKIS, INCORPORATED. No. 19,457.Supreme Court of Colorado. Decided August 14, 1961. On Rehearing October 2, 1961, opinion modified and as modified adhered to. Action for commissions on sales of equipment. From the granting of a summary judgment for defendant, the plaintiff brings error. Affirmed. 1. JUDGMENT — Summary […]

The People of the State of Colorado in the Interest of: M.C.L., Child, Upon the Petition of P.L., Petitioner-Appellant, and concerning D.B.W., Respondent-Appellee. No. 83CA0278Colorado Court of Appeals. Decided September 29, 1983. Appeal from the District Court of Arapahoe County Honorable Joyce S. Steinhardt, Judge Hammer Walsh, Arthur B. Walsh, for petitioner-appellant. Banta, Hoyt, Banta, […]

(605 P.2d 916) The People of the State of Colorado in the Interest of V.A.E.Y.H.D., a child, upon the petition of O.R., and concerning M.D., a/k/a M.E.D., and also concerning E.C. No. 79SA107Supreme Court of Colorado. Decided February 4, 1980. Appeal from a judgment of the Denver Juvenile Court terminating parental rights in V.A.E.Y.H.D., a […]

Lori S. Stanley, f/k/a Lori Sonder and American Manufacturers Mutual Insurance Company, Plaintiff-Appellees, v. Adams County School District 27J, Defendant-Appellant. No. 95CA2130Colorado Court of Appeals. January 23, 1997 Rehearing Denied January 23, 1997. Certiorari Denied August 25, 1997. OPINION PREVIOUSLY ANNOUNCED AS NON-PUBLISHED NOVEMBER 14, 1996 IS NOW SELECTED FOR PUBLICATION Appeal from the District […]

The People of the State of Colorado, Petitioner/Cross-Respondent, v. Ronald S. Frye, Respondent/Cross-Petitioner. No. 94SC31Supreme Court of Colorado. Decided June 26, 1995, Rehearing Denied July 24, 1995. Certiorari to the Colorado Court of Appeals. JUDGMENT AFFIRMED. Page 560 Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, […]

99 P.2d 969 McCORMICK v. CITY OF MONTROSE. No. 14,467.Supreme Court of Colorado. Decided December 11, 1939. Rehearing denied March 4, 1940. Plaintiff in error was convicted under a city ordinance of soliciting orders for merchandise in the homes of city residents without request or invitation from them so to do. Affirmed. 1. PEDDLERS — […]

152 P.2d 601 MITCHELL v. BOARD OF COUNTY COMMISSIONERS OF MORGAN COUNTY ET AL. No. 15,249.Supreme Court of Colorado. Decided October 2, 1944. Rehearing denied October 30, 1944. An action against a county and state highway department for damages. Judgment of dismissal. Affirmed. 1. ROADS AND HIGHWAYS — State Highway Department — Constitutional Law. The […]

The CITY COUNCIL OF the CITY OF CHERRY HILLS VILLAGE, Colorado; and the City of Cherry Hills Village, Colorado, Petitioners-Appellants, v. SOUTH SUBURBAN PARK AND RECREATION DISTRICT; the Board of Directors of the South Suburban Park and Recreation District; and all Tax-paying Electors of the Territory Sought to be Excluded, as a class, Respondents-Appellees. No. […]

(519 P.2d 339) Cherokee Water District, a Quasi-Municipal Corporation of the State of Colorado and C. H. Clark, Jr. v. Colorado Springs, a Municipal Corporation of the State of Colorado No. 25535Supreme Court of Colorado. Decided February 19, 1974. Declaratory judgment action by water district attempting to have portions of contract between district and city […]

The People of the State of Colorado, Petitioner-Appellee, In The Interest Of: K.M.J., and E.C.J., Minor Children, and concerning: B.J., and C.A., Respondents-Appellants. No. 83CA1021Colorado Court of Appeals. Decided November 15, 1984. Rehearing Denied December 13, 1984. Certiorari Denied April 22, 1985. Appeal from the Juvenile Court of the City and County of Denver Honorable […]

40 P.2d 241 ODESCALCHI v. MARTIN ET AL. No. 13,415.Supreme Court of Colorado. Decided January 7, 1935. Action involving construction of a will and for a decree directing trustees to pay to plaintiff certain income from the estate. Judgment for plaintiff. Affirmed. 1. WILLS — Construction. The intent of the testator is the controlling consideration […]

152 P.2d 994 KIRKPATRICK v. McCARTY. No. 15,176.Supreme Court of Colorado. Decided October 23, 1944. An action for damages for personal injuries growing out of an automobile accident. Judgment for defendant in error McCarty. Affirmed. 1. PRINCIPAL AND AGENT — Agent’s Authority. Where an agent steps aside from the principal’s business to do an act […]

89 P.2d 535 TUBBS ET AL. v. HILLIARD, CONSERVATOR OF THE ESTATE OF NEWELL, A MENTAL INCOMPETENT. No. 14,357Supreme Court of Colorado. Decided April 3, 1939. Action to set aside the assignment of an interest in an estate on grounds of mental incompetency of the assignor and fraud of the assignee. Judgment for plaintiff. Affirmed. […]

(557 P.2d 396) Thomas Wells and Associates v. Cardinal Properties, Inc., a Texas corporation; Mid-Continent Life Insurance Company, an Oklahoma corporation; and Joseph F. Gordon and Goldie A. Brown as Public Trustee of Gunnison County No. C-827Supreme Court of Colorado. Decided December 6, 1976. Action to foreclose a mechanic’s lien. Trial court dismissed the action, […]

(551 P.2d 702) Meredith M. Flanigan v. Public Employees’ Retirement Association No. 26957Supreme Court of Colorado. Decided June 28, 1976. Appeal by employee of state department of highways from a ruling of the district court denying her claim for disability retirement benefits from public employees’ retirement association. Affirmed 1. LIMITATION OF ACTIONS — Cause of […]

The PEOPLE of the State of Colorado, Petitioner v. Mark Joseph GABRIESHESKI, Respondent. No. 08SC945.Supreme Court of Colorado. October 24, 2011. Appeal from the District Court, El Patrick Kelly, J. Page 654 Daniel H. May, District Attorney, Fourth Judicial District, Doyle Baker, Deputy District Attorney, Colorado Springs, Colorado, Attorneys for Petitioner. McClintock McClintock, P.C., Elizabeth […]

(366 P.2d 134) JEFFERSON COUNTY BANK OF LAKEWOOD, COLORADO v. ARMORED MOTORS SERVICE, ET AL. No. 19,748.Supreme Court of Colorado. Decided November 13, 1961. Action against Armored motor service for loss of money in transit. From a judgment for less than amount claimed, the plaintiff brings error. Affirmed. 1. BAILMENTS — Armored Motor Service — […]