Category: Colorado Court Opinions

(380 P.2d 572) IRA FELZIEN, ET AL., v. SCHOOL DISTRICT RE-3 FRENCHMAN, LOGAN COUNTY, COLORADO. No. 20,373.Supreme Court of Colorado. Decided April 8, 1963. From a judgment dismissing an action challenging validity of school bond election, the plaintiffs bring error. Affirmed. 1. SCHOOLS AND SCHOOL DISTRICTS — Election — Bond Issues — Electors — Qualifications […]

43 P.2d 999 BJORK v. BOARD OF TRUSTEES OF THE FIREMEN’S PENSION FUND OF THE CITY AND COUNTY OF DENVER. No. 13,467.Supreme Court of Colorado. Decided February 25, 1935. Rehearing denied April 22, 1935. On application for writ of certiorari to review action of board of trustees of the firemen’s pension fund of Denver in […]

(281 P.2d 1016) W. B. BARR LUMBER COMPANY, A COLORADO CORPORATION v. C. N. THOMPSON, FRANK TETI AND ANN TETI. No. 17,460.Supreme Court of Colorado. Decided March 28, 1955. Rehearing denied April 25, 1955. Action to foreclose mechanic’s lien. Judgment holding lien invalid. Reversed. 1. MECHANIC’S LIENS — Building Contract — Recording. Where a building […]

(491 P.2d 976) Clyde E. Wells v. La Von Bainbrich. No. C-40.Supreme Court of Colorado. Decided December 20, 1971. Rehearing denied January 10, 1971. Guest brought action against host driver’s wife which arose out of an automobile accident in which he sustained extensive bodily injuries. District court awarded damages in favor of guest and wife […]

(278 P.2d 581) BROWN, GUARDIAN v. INTERNATIONAL TRUST COMPANY ET AL. No. 17,348.Supreme Court of Colorado. Decided December 13, 1954. Rehearing denied January 24, 1955. An action to compel distribution of proceeds of insurance policies as directed by testator in his last will and testament. Judgment for defendants. Affirmed. 1. TRUST AGREEMENT — Wills — […]

155 P.2d 994 A. CARBONE CO. ET AL. v. MacGREGOR. No. 15,537.Supreme Court of Colorado. Decided January 29, 1945. Rehearing denied February 19, 1945. A proceeding under the Workmen’s Compensation Act. Judgment for claimant. Reversed. 1. WORKMEN’S COMPENSATION — Questions Involved. In every workmen’s compensation case, three questions are involved, viz.: Was the injury or […]

(491 P.2d 566) William Edwards and Vincent Lopez v. The People of The State of Colorado. No. 23873.Supreme Court of Colorado. Decided December 13, 1971. Defendants were convicted of theft and conspiracy to commit theft and brought error. Affirmed. 1. CONSTITUTIONAL LAW — Motion for Continuance — Denial — Due Process — Right to Offer […]

Stephen H. Puzick, Plaintiff-Appellant, v. The City of Colorado Springs, Colorado, a Municipal corporation, John L. Tagert, Chief of Police, George H. Fellows, City Manager, and the Colorado Springs Civil Service Commission, Defendants-Appellees. No. 81CA0607Colorado Court of Appeals. Decided September 22, 1983. Rehearing Denied October 13, 1983. Certiorari Denied May 21, 1984. Appeal from the […]

The People of the State of Colorado, Plaintiff-Appellee, v. Matthew Driggers, Defendant-Appellant. No. 89CA0426Colorado Court of Appeals. Decided January 17, 1991. Rehearing Denied February 21, 1991. Certiorari Denied July 9, 1991 (91SC190). Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge. Page 703 Duane Woodard, Attorney General, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Dina Lynn Barker, Defendant-Appellant. No. 84CA1150Colorado Court of Appeals. Decided October 24, 1985. Appeal from the District Court of El Paso County Honorable Hunter D. Hardeman, Judge Page 407 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Peter […]

First Colorado Bank Trust, N.A., Plaintiff-Appellant, v. Plantation Inn, Ltd., a Colorado Limited Partnership, Intervenor-Appellee. No. 87CA0592Colorado Court of Appeals. Decided December 22, 1988. Appeal from the District Court of the City and County of Denver Honorable Clifton A. Flowers, Judge Page 813 Craig Ferguson, for Plaintiff-Appellant. Holme Roberts Owen, John R. Webb, for Intervenor-Appellee. […]

The People of the State of Colorado, Plaintiff-Appellant, v. Phillip Steinberg and Elizabeth Steinberg, and the improved real property known as unit D403, Gold King Condominiums, San Miguel, Colorado, Defendants-Appellees. No. 82CA1221Colorado Court of Appeals. Decided October 20, 1983. Appeal from the District Court of San Miguel County Honorable Thomas A. Goldsmith, Judge John A. […]

The People of the State of Colorado, Complainant, v. Joseph P. Rader, Attorney-Respondent. No. 91SA391Supreme Court of Colorado. Decided January 13, 1992. Original Proceeding in Discipline. Linda Donnelly, Disciplinary Counsel, Jay P.K. Kenney, Assistant Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, for Complainant. Haddon, Morgan Foreman, P.C., Bryan Morgan, for Attorney-Respondent. EN BANC PER […]

4 P.2d 1112 SEVEN LAKES WATER USERS’ ASSOCIATION v. FORT LYON CANAL COMPANY. No. 12,783.Supreme Court of Colorado. Decided October 26, 1931. Rehearing denied November 23, 1931. Action to abate nuisance. Judgment for plaintiff. Affirmed. 1. WATER AND WATER COURSES — Nuisance. In an action to abate a nuisance, the evidence clearly establishing that a […]

In the Matter of the ESTATE OF Ronald WILTFONG, Deceased. Randall Rex, domestic partner of Deceased, beneficiary of propounded will, and proponent of document asserted to be a will pursuant to C.R.S. § 15-11-503, Claimant-Appellant, Margaret L. Tovrea, Respondent-Appellee. No. 05CA1189.Colorado Court of Appeals. October 19, 2006. Appeal from The District Court, Arapahoe County, John […]

Monfort, Inc., Petitioner, v. Anselmo Gonzalez and The Industrial Claim Appeals Office of the State of Colorado, Respondents. No. 92CA0369Colorado Court of Appeals. Decided January 14, 1993. Rehearing Denied March 4, 1993. Certiorari Denied July 12, 1993 (93SC171). Review of Order from the Industrial Claim Appeals Office of the State of Colorado Hall Evans, Alan […]

25 P.2d 182 LOCKARD v. INDUSTRIAL COMMISSION ET AL. No. 13,302.Supreme Court of Colorado. Decided August 2, 1933. Rehearing denied September 18, 1933. Proceeding under the Workmen’s Compensation Act. Judgment of the district court affirming award of the commission denying compensation to claimant. Affirmed. 1. APPEAL AND ERROR — Judicial Notice. The Supreme Court will […]

The People of the State of Colorado, Plaintiff-Appellee, v. Sammy Abeyta, Defendant-Appellant. No. 93CA0677Colorado Court of Appeals. Decided February 8, 1996 Petition for Rehearing DENIED March 14, 1996 Petition and Cross-Petition for Writ of Certiorari DENIED. September 9, 1996. Appeal from the District Court of the City and County of Denver, Honorable Frank L. Martinez, […]

(455 P.2d 868) Ernest Howard Pine v. The People of the State of Colorado. No. 22183.Supreme Court of Colorado. Decided February 24, 1969. Rehearing denied July 14, 1969. Defendant was convicted of second degree murder and brought error. Affirmed. 1. HOMICIDE — Blow — Fist — Malice — Intent to Kill — Negative — Circumstances […]

FIRE INS. EXCHANGE Plaintiff-Appellant, MONTY’S HEATING AIR CONDITIONING; Monty Sibley, d/b/a Monty’s Heating and Air Conditioning; Cleaver Electrical Services, Inc.; and Genesee Company, LLC, Defendants-Appellees. No. 05CA2473.Colorado Court of Appeals. February 8, 2007. Certiorari Dismissed May 7, 2007. Appeal from the District Court, Larimer County, Terence A. Gilmore, J. Page 44 Cozen O’Connor, Thomas M. […]

Department of Transportation, State of Colorado Petitioner-Appellee, v. First Interstate Commercial Mortgage Company, Respondent-Appellant. No. 93CA1475Colorado Court of Appeals. Decided August 11, 1994. Appeal from the District Court of the City and County of Denver Honorable Warren O. Martin, Judge No. 92CV3862 JUDGMENT AFFIRMED Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney […]

The People of the State of Colorado, Petitioner, v. Nick San Emerterio, Respondent. No. 91SC283Supreme Court of Colorado. Decided October 19, 1992. Rehearing Denied November 23, 1992. Certiorari to the Colorado Court of Appeals Page 1162 Gale A. Norton, Attorney General, Raymond T. Slaughter, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, John Daniel […]

The People of the State of Colorado, Petitioner, v. Matthew Burnette, Respondent. No. 88SC2Supreme Court of Colorado. Decided June 26, 1989. Certiorari to the Colorado Court of Appeals. Page 584 Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, Paul H. Chan, Assistant Attorney General, for Petitioner. David […]

The Air Pollution Control Commission of the Colorado Department of Health, Dr. James Lodge, Dr. John Cobb, Mitchell Stimmons, Gerald Jensen, Dr. Val Veirs, Laboyta Garnand, Charles McFee, Dr. David Kelble, Vinton Pierce, Commissioners, and their successors in office from time to time, the Air Pollution Control Division of the Colorado Department of Health, the […]

(553 P.2d 770) The People of the State of Colorado v. Herbert Lee Jones No. 26411 No. 26479Supreme Court of Colorado. Decided August 23, 1976. Defendant was convicted of aggravated robbery and conspiracy and appealed. Affirmed 1. INSTRUCTIONS, CRIMINAL — Uncontroverted Facts — Assumed — Reversal — Negative. An instruction which assumes uncontroverted facts is […]

The People of the State of Colorado v. Douglas Scott Schlegel No. 78-772Colorado Court of Appeals. Decided September 25, 1980. Rehearing denied October 30, 1980. Appeal from the District Court of Larimer County, Honorable John A. Price, Judge. Page 99 J. D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Stephen R. Higgins, Special […]

(541 P.2d 128) Sherry B. Hollinger, now by marriage, Sherry Govett v. The Mutual Benefit Life Insurance Company, a New Jersey corporation No. 75-014Colorado Court of Appeals. Decided July 29, 1975. Rehearing denied August 26, 1975. Certiorari granted October 27, 1975. Action to recover on life insurance policy. Jury returned verdict for plaintiff but trial […]

(420 P.2d 232) Uptime Corporation, a Wyoming corporation v. Colorado Research Corporation, a Colorado corporation. No. 21608Supreme Court of Colorado. Decided November 21, 1966. Action to recover moneys alleged to be due by reason of services performed. Judgment for plaintiff. Affirmed. 1. JUDGMENT — Validity — Ninety Day Period — Expiration — Statute. C.R.S. 1963, […]

The People of the State of Colorado, Complainant, v. Robert H. Carpenter, Attorney-Respondent. No. 95SA86Supreme Court of Colorado. Decided April 24, 1995 Original Proceeding in Discipline. PUBLIC CENSURE. Linda Donnelly, Disciplinary Counsel, James C. Coyle, Assistant Disciplinary Counsel, Denver, Colorado, Attorneys for Complainant. Daniel R. Christopher, Denver, Colorado, Attorney for Attorney-Respondent. EN BANC PER CURIAM. […]

(460 P.2d 231) Redman Scripp, Inc. v. Archie Orren Douglas. No. 22865.Supreme Court of Colorado. Decided November 3, 1969. Action for damages by owner of leased truck against defendant alleging that latter’s negligence had forced its truck off highway. Judgment for defendant. Reversed. 1. AUTOMOBILES — Truck — Highway — Damages — Negligence — Proximate […]

(326 P.2d 662) ROBERT W. VINES v. BARBARA D. VINES. No. 18,159.Supreme Court of Colorado. Decided June 9, 1958. Rehearing denied June 30, 1958. Action for separate maintenance. From orders relating to support money and division of property, the defendant brings error. Reversed and Remanded With Directions. 1. HUSBAND AND WIFE — Separate Maintenance — […]

11 P.2d 225 GREENE ET AL. v. WILSON ET AL. No. 12,996.Supreme Court of Colorado. Decided April 25, 1932. Action to set aside conveyance of real estate alleged to be fraudulent as to creditors of grantor. Judgment of dismissal. Reversed. 1. REMEDIES — Note — Mortgage. In Colorado, a mortgagee of lands may sue on […]

(336 P.2d 308) WILLIAM R. CASEY v. PEOPLE OF THE STATE OF COLORADO. No. 18,882.Supreme Court of Colorado. Decided March 9, 1959. Defendant was convicted of a misdemeanor in operating a trailer camp contrary to rules and regulations of the Tri-County Board of Health, and brings error. Reversed. 1. CONSTITUTIONAL LAW — Statute — Legislature […]

E. B. Jones Construction Company, and Stewart-Decatur Security Systems, Inc., Plaintiffs-Appellees, v. City and County of Denver, a municipal corporation, Defendant-Appellant. No. 82CA0985Colorado Court of Appeals. Decided February 20, 1986. Opinion Modified, and As Modified Rehearing Denied March 20, 1986. Appeal from the District Court of the City and County of Denver Honorable Robert T. […]

(368 P.2d 195) PUEBLO v. THE LEACH REALTY COMPANY. No. 19,642.Supreme Court of Colorado. Decided January 15, 1962. Rehearing denied February 5, 1962. Action against city for broker’s commission on sale of real estate. Judgment for plaintiff. Affirmed. 1. BROKERS — Commission — When Earned. Notwithstanding no binding contract for the sale of property involved […]

In re the Marriage of Janet Brown Seewald, Appellant and Cross-Appellee, and Dean A. Seewald, Appellee and Cross-Appellant. No. 99CA1154Colorado Court of Appeals. March 15, 2001 Page 581 Arapahoe County District Court No. 97DR2509, Honorable John R. Tracey, Judge JUDGMENT AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED WITH DIRECTIONS Page 582 Law Office […]

Adalouise C. Dunne, as Trustee for the Adalouise C. Dunne Trust, Plaintiff-Appellant, v. Shenandoah Homeowners Association, Inc.; Shenandoah Homeowners Association, Inc., Board of Directors; Shenandoah, Ltd.; Paul Warner; Terrianne Warner; Oliver F. Kress; Brigitte C. Kress; Eugene Sheffield Wilder; Priscilla G. Wilder; Theodore C. Steffens; Steve J. Jacobs; and Connie A. Jacobs, Defendants-Appellees, and The […]

190 P.2d 582 CORDER v. POND, DIRECTOR OF REVENUE ET AL. No. 15,758.Supreme Court of Colorado. Decided February 9, 1948. An action by a used-car dealer against state officials to enjoin the latter from requiring him to give bond and pay a license fee as provided by statute. Judgment of dismissal. Affirmed. 1. AUTOMOBILES — […]

The People of the State of Colorado, Plaintiff-Appellee, v. Antonio Segura, Defendant-Appellant. No. 94CA0565Colorado Court of Appeals. Decided December 21, 1995 Petition for Rehearing DENIED January 25, 1996 Petition for Writ of Certiorari DENIED September 3, 1996 Page 267 Appeal from the District Court of Morgan County, Honorable Joseph J. Weatherby, Judge, No. 93CR109. JUDGMENT […]

James E. Freemyer, P.C., Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado; Ronald Perez; Inlet Structures, Inc.; and RTW Colorado, Inc., Respondents. No. 00CA0814Colorado Court of Appeals. December 7, 2000 Rehearing Denied March 1, 2001. Certiorari Denied October 1, 2001. Review of Order from the Industrial Claim Appeals Office of the […]

(575 P.2d 372) Gordon L. Thompson v. Colorado Ground Water Commission No. 27459Supreme Court of Colorado. Decided January 23, 1978. Rehearing denied February 21, 1978. Plaintiff filed an application with the Colorado Ground Water Commission seeking a permit to construct a well and to appropriate designated ground water from Northern High Plains Designated Ground Water […]

(533 P.2d 487) Clois H. Guthrie, D.O. v. Philip Barda and Sylvia Barda No. C-524Supreme Court of Colorado. Decided March 24, 1975 Medical malpractice action by husband and wife to recover damages for alleged negligence of defendant in failing to advise husband of consequences of certain surgery. Trial court granted defendant’s motion to dismiss for […]

The People of the State of Colorado, Plaintiff-Appellant, v. Gary Dean Shedd, Defendant Appellee. No. 84SA106Supreme Court of Colorado. Decided July 1, 1985. Appeal from District Court, Adams County Honorable Harlan R. Bockman, Judge James F. Smith, District Attorney, Steven L. Bernard, Chief Trial Deputy, for Plaintiff-Appellant. David F. Vela, Colorado State Public Defender, Shelly […]

Darrell M. Littlefield, Jr., and Janet S. Littlefield, Plaintiffs-Appellees and Cross-Appellants, v. Alvin R. Bamberger, Jacob A. Bamberger and Kris A. Bamberger, Defendants-Appellants and Cross-Appellees. No. 99CA1780Colorado Court of Appeals. August 3, 2000 Prior Order dated March 20, 2000, WITHDRAWN Petition for Rehearing GRANTED Appeal from the District Court of Elbert County, Honorable Deanna E. […]

CONDITIONED AIR COMPANY, a Colorado corporation, Plaintiff-Appellee, v. Raymond A. POST, Jr., d/b/a Colorado Wholesale Supply Company, Defendant-Appellee, Jerry F. Kalavity et al., Defendants-Appellants. No. 72-208.Colorado Court of Appeals. June 5, 1973. Rehearing Denied June 26, 1973. Not Selected for Official Publication. Page 216 Corbridge Dohe, P.C., Virgil D. Dohe, Denver, for plaintiff-appellee. Raymond J. […]

(216 P.2d 999) WILSON v. STROH ET AL. No. 16,339.Supreme Court of Colorado. Decided March 27, 1950. An action for damages resulting from a collision of autotrucks. The trial court found that both parties were guilty of negligence proximately causing the accident, and that recovery by either was precluded. Appropriate judgment followed. Reversed. 1. AUTOMOBILES […]

(353 P.2d 590) STANLEY LIBER v. LEO FLOR, ET AL. No. 18,642.Supreme Court of Colorado. Decided May 31, 1960. Rehearing denied August 2, 1960. Action against board of county commissioners and others for damages for personal injuries resulting from negligent storing of explosives. From a judgment of dismissal the plaintiff brings error. Reversed. 1. COUNTIES […]

The People of the State of Colorado, Plaintiff-Appellant, v. Gary C. Hazelhurst and James Monroe Jefferson, III, Defendants-Appellees. Nos. 82SA581 82SA583Supreme Court of Colorado. Decided May 2, 1983. Interlocutory Appeal from the District Court of Montezuma County, Honorable Willard W. Rusk, Jr., Judge. Page 1082 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN […]

(586 P.2d 665) Ethel C. Burleson v. The District Court in and for the County of Boulder, State of Colorado, and the Honorable Horace B. Holmes, one of the Judges thereof No. 28244Supreme Court of Colorado. Decided November 13, 1978. Rehearing denied December 4, 1978. Original proceeding involving a controversy arising out of a separation […]

(281 P.2d 159) J. W. DUFF v. GEORGE R. McCORMACK, AS CHIEF BUILDING INSPECTOR OF THE CITY AND COUNTY OF DENVER. No. 17,507.Supreme Court of Colorado. Decided March 14, 1955. Rehearing denied April 4, 1955. Action to restrain enforcement of zoning ordinance. Judgment for defendant. Affirmed. Error to the District Court of the City and […]

(608 P.2d 339) West-Brandt Foundation, Inc., a Louisiana non-profit corporation, d/b/a Singin’ River Ranch v. Raymond E. Carper, Property Tax Administrator, Division of Property Taxation, and R. N. Patton, Martin E. Fisch, and F. M. Petersen, individually and as the Board of Assessment Appeals of the State of Colorado No. C-1811Supreme Court of Colorado. Decided […]

(404 P.2d 553) John D. Anderson, et al. v. Samuel Judd, as Director of Building Inspection Department, City and County of Denver, etc., et al. No. 20981Supreme Court of Colorado. Decided July 26, 1965. Action for injunctive relief and for an order declaring a councilman’s bill for a change of zoning classification to be invalid […]

Linda K. Hendricks, Petitioner, v. The Industrial Claim Appeals Office of the State of Colorado, American Stores, and American Motorists Insurance Company, Respondents. No. 90CA0273Colorado Court of Appeals. Decided November 8, 1990. Rehearing Denied December 20, 1990. Certiorari Denied May 13, 1991 (91SC4). Review of Order from the Industrial Claim Appeals Office of the State […]

The People of the State of Colorado, Plaintiff-Appellee, v. Margaret Hall, Defendant-Appellant. No. 84CA1019Colorado Court of Appeals. Decided May 29, 1986. Rehearing Denied June 26, 1986. Appeal from the District Court of Boulder County Honorable Richard C. McLean, Judge Duane Woodard, Attorney General, Charles B. Howe, Chief Deputy Attorney General, Richard H. Forman, Solicitor General, […]

90 P.2d 2 HIGHLAND SALES COMPANY ET AL. v. ROBERTSON. No. 14,265.Supreme Court of Colorado. Decided April 17, 1939. Suit under the Uniform Declaratory Judgments Law to recover amounts alleged by plaintiff to be due him under an oral agreement in connection with a brokerage business. Judgment for plaintiff. Reversed. 1. JOINT ADVENTURES — Parties […]

(611 P.2d 971) The People of the State of Colorado v. H. Edward Kluver Nos. 79SA570 80SA139Supreme Court of Colorado. Decided May 19, 1980. Original proceedings in discipline. Attorney Disbarred 1. ATTORNEYS AT LAW — Disciplinary Violations — Breach of Professional Obligations — Disbarred. Attorney-respondent, who, in addition to committing multiple disciplinary violations, also breached […]

The People of the State of Colorado, Plaintiff-Appellee, v. Louis Bravo, Defendant-Appellant. No. 83CA0189Colorado Court of Appeals. Decided June 28, 1984. Rehearing Denied July 19, 1984. Certiorari Denied November 19, 1984. Appeal from the District Court of the City and County of Denver Honorable Leonard P. Plank, Judge Page 326 Duane Woodard, Attorney General, Charles […]

Maria Solano, Victor Ortiz, Juan Sosa a/k/a Roberto Ortiz, Jr., Sammy Ortiz, Richard Ortiz, and Elva Ortiz, as next friend and mother of Laura Ortiz and Lisa Ortiz, Plaintiffs-Appellants, v. Willard Goff, individually and as Sheriff of Baca County, Defendant-Appellee. No. 97CA2107Colorado Court of Appeals. Division V. February 4, 1999 Certiorari Denied June 21, 1999 […]

(311 P.2d 711) ROBERT O. BEADLES v. JOHN METAYKA. JOHN METAYKA v. NORMA B. BOWLES, ET AL. No. 17,806. No. 17,807.Supreme Court of Colorado. Decided May 27, 1957. Rehearing denied June 17, 1957. Action for damages for personal injuries resulting from fall from operating table in hospital. From a judgment for plaintiff against the operating […]

(411 P.2d 22) Millie Saccomano, etc., Plaintiff, v. James C. Palermo, Defendant. No. 21017Supreme Court of Colorado. Decided February 14, 1966. Action by purchasers for specific performance of a contract for the sale and purchase of real property. Judgment for plaintiffs. Affirmed 1. VENDOR AND PURCHASER. — Contract — Clause — Notice of Defects — […]

195 P.2d 742 SQUIRES ET AL. v. McNULTY. No. 15,878.Supreme Court of Colorado. Decided June 21, 1948. A proceeding in eminent domain. Verdict fixing the value of the land taken, amount of damage to the residue, with a finding of no resulting benefits to the land not taken, was duly returned, followed by appropriate judgment. […]

(226 P.2d 563) THOMAS v. BAGWELL ET AL. No. 16,409.Supreme Court of Colorado. Decided December 26, 1950. An action by a school teacher for an injunction requiring a school board to assign him to a school as teacher. Judgment for defendants. Affirmed. 1. APPEAL AND ERROR — Conflicting Evidence. Where there is evidence in a […]

48 P.2d 1024 PIERCE v. PIERCE. No. 13,700.Supreme Court of Colorado. Decided July 22, 1935. Rehearing denied September 9, 1935. Action for divorce. Judgment for defendant. Reversed. On Application for Supersedeas. 1. EVIDENCE — Letters — Appeal and Error. Where a letter was offered in evidence against a party and it did not appear from […]

(496 P.2d 705) Charley Baumgartner v. Joseph F. Stremel and Katherine Stremel No. 25074Supreme Court of Colorado. Decided May 1, 1972. From a judgment finding defendant guilty of contempt of court for repeatedly violating an injunction which restrained him from allowing irrigation water to run onto plaintiff’s property, an appeal was taken. Reversed 1. COURTS […]

80 P.2d 327 BOWMAN, TRUSTEE FOR THE ESTATE OF MORRISON, BANKRUPT v. MAY ET AL. No. 14,199.Supreme Court of Colorado. Decided May 31, 1938. Action to set aside conveyances of property. Judgment for defendants. Affirmed. 1. APPEAL AND ERROR — Fraudulent Conveyances — Questions not Determined. In an action to set aside a bill of […]

(415 P.2d 855) Contract Maintenance Co., a Colorado corporation v. Local No. 105, Building Service Employees International Union, and Local No. 9, Sheet Metal Workers Union, and the Central Bank and Trust Company, a Colorado corporation. No. 21544.Supreme Court of Colorado. Decided June 27, 1966. Action by janitorial service company against bank and labor unions […]

(470 P.2d 78) R. Courtney Hanson v. Lisbeth K. Linley No. 70-005 (Supreme Court No. 22667)Colorado Court of Appeals. Decided February 3, 1970. Rehearing denied March 3, 1970. Certiorari granted May 11, 1970. Action on sale of hay, butane, horses and labor. Non-compliance with Statute of Frauds asserted by plaintiff. Trial court held contract divisible; […]

Investment Hotel Properties, Ltd., Plaintiff-Appellant, v. The City of Colorado Springs, J. H. B. Wilson, Director of Finance for the City of Colorado Springs, Defendants-Appellees. No. 88CA0304Colorado Court of Appeals. Decided May 4, 1989. Rehearing Denied 06/08/89 Certiorari Granted October 16, 1989 (89SC361). Appeal from the District Court of El Paso County Honorable Douglas E. […]

150 P.2d 974 PENSIONERS PROTECTIVE ASSOCIATION ET AL. v. DAVIS ET AL. No. 15,413.Supreme Court of Colorado. Decided June 19, 1944. Rehearing denied July 31, 1944. On petition for allowance of attorney fees and costs of suit. Petition denied. Reversed. 1. OLD AGE PENSIONS — Trust Funds. The old age pension fund is wholly special […]

(598 P.2d 1044) The People of the State of Colorado v. Glenn Anthony Berry No. 28370Supreme Court of Colorado. Decided August 20, 1979. At the conclusion of the People’s evidence, the trial court granted defendant’s motion for judgment of acquittal on a charge of theft of auto parts, and the district attorney challenges the trial […]

(315 P.2d 201) ROBERT ARCHULETA, ET AL. v. JEANNE ROSE. No. 17,984.Supreme Court of Colorado. Decided September 9, 1957. Rehearing denied September 30, 1957. Action to establish boundaries to land. Judgment for plaintiff. Affirmed. 1. BOUNDARIES — Dispute — Statute — Commission. In an action to establish an alleged disputed boundary to land, where such […]

(389 P.2d 590) STANLEY HAILPERN v. J. ROBERT DRYDEN, ET AL. No. 20,383.Supreme Court of Colorado. Decided February 24, 1964. Action for rescission of contract on ground of mutual mistake of fact. Judgment for plaintiffs. Reversed. 1. CONTRACTS — Rescission — Mistake of Fact — What Constitutes. A mutual mistake of fact is a clear […]

Arthur R. Hudspeth, William Mack, John M. Grace, William A. Yeager, Charles G. Williams, Vernon F. Summers, and Quentin R. Cowman, Plaintiffs-Appellants, v. The Board of County Commissioners of the County of Routt, State of Colorado, Doug Boggs, Robert E. McKune, and Pat Holderness, and Schmidt-Tiago Construction Company, Defendants-Appellees. No. 82CA0584Colorado Court of Appeals. Decided […]

The People of the State of Colorado, Complainant, v. James L. Mayer, Attorney-Respondent. No. 86SA398Supreme Court of Colorado. Decided October 19, 1987. Original Proceeding in Discipline Page 510 George S. Meyer, Deputy Disciplinary Prosecutor, Linda Donnelly, Disciplinary Prosecutor, for Complainant. James L. Mayer, Pro Se Respondent. EN BANC JUSTICE MULLARKEY delivered the Opinion of the […]

Gwendolyn G. Johnson and Roger W. Johnson v. James A. Smith; Marshall Young; Jack J. Hull; Realty-in-the-Rockies, Inc., a Colorado Corporation; C. V. Lindsey; Mattie Ethel Lindsey, individually; Mattie Ethel Lindsey, as Executrix of the B. G. Lindsey Estate; the B. G. Lindsey Estate; P. E. Lindsey, as Executor of the Ruby Parker Lindsey Estate; […]

Pearl Alperstein, Alice Amato, Paul Babish, Phyllis Babish, Brenda Baumann, Bruce Baumann, Marcy Bishop, Jim Bishop, Robin Blakey, Vernon Blair, Beverly Blair, Patricia Boland, William Boland, Robert Bollinger, Irma Bollinger, Ernest Bond, Elinor Bond, Eugene Brace, Frances Brace, Richard Bruce, Gloria Bruce, Charles Burkhardt, Patricia Burkhardt, Joe Campanella, Iva Campanella, William Chapman, Theresa Chapman, Dewitt […]

THE PEOPLE OF THE STATE OF COLORADO, Petitioner, v. DAVID ARLEDGE, Respondent. No. 96SC131Supreme Court of Colorado. May 19, 1997 Certiorari to the Colorado Court of Appeals JUDGMENT AFFIRMED Page 161 Robert S. Grant, District Attorney, Seventeenth Judicial District, Michael J. Milne, Senior Deputy District Attorney, Brighton, Colorado, Attorneys for Petitioner. Barbara S. Blackman, Denver, […]

The People of the State of Colorado, Plaintiff-Appellee, v. Arthur Jerome Watson, Defendant-Appellant. No. 81CA0476Colorado Court of Appeals. Decided August 12, 1982. Appeal from the District Court of El Paso County, Honorable Richard C. Webster, Judge. Page 1341 J.D. MacFarlane, Attorney General, Richard F. Hennessey, Deputy Attorney General, Mary J. Mullarkey, Special Assistant Attorney General, […]

Colorado Department of Public Health and Environment, Radiation Control Division and Hazardous Materials and Waste Management Division, Plaintiff-Appellee, v. Daniel E. Caulk, Defendant-Appellant. No. 97CA0921Colorado Court of Appeals. November 13, 1998 Appeal from the District Court of the City and County of Denver, Honorable Robert P. Fullerton, Judge, No. 93CV5940 ORDER AFFIRMED IN PART, REVERSED […]

(463 P.2d 294) Union Pacific Railroad Company v. The Public Utilities Commission of the State of Colorado. No. 24080.Supreme Court of Colorado. Decided December 29, 1969. From adverse ruling regarding allocation of balance of total cost of constructing an adequate intersection warning device, railroad brought error. Affirmed. 1. RAILROADS — Crossing — Public Utilities Commission […]

136 P.2d 277 LEGO v. OLSON, ADMINISTRATRIX. No. 15,256.Supreme Court of Colorado. Decided March 22, 1943. Rehearing denied April 12, 1943. A suit involving a claim against the estate of a deceased person. The judgment was adverse to claimant. Reversed. On Application for Supersedeas. 1. EXECUTORS AND ADMINISTRATORS — Claims — Written Instruments. Under pertinent […]

Alan N. Charnes, as Executive Director of the Department of Revenue of the State of Colorado, Petitioner, v. The Central City Opera House Association, a Colorado nonprofit corporation; and The Brown Palace Hotel Associates Limited Partnership, d/b/a The Brown Palace Hotel, Respondents. No. 87SC241Supreme Court of Colorado. Decided May 15, 1989. Certiorari to the Colorado […]

(615 P.2d 42) Albert Lee Backus v. Apishapa Land and Cattle Company No. 79CA0678Colorado Court of Appeals. Decided February 7, 1980. Certiorari denied August 5, 1980. In action by Texas real estate broker to recover under a listing agreement for the sale of real property, the trial court granted summary judgment in favor of the […]

(543 P.2d 1258) Colorado Open Space Council, Inc., a Colorado non-profit corporation, Zero Population Growth of Denver, Inc., a non-profit Colorado corporation, Trout Unlimited, a non-profit Michigan corporation, Sensible Water Use Coalition, Inc., a non-profit Colorado corporation, Robert M. Weaver, Anna L. Douglas, Roger C. Brown, Donald M. Carmichael v. The City and County of […]

(369 P.2d 560) INDUSTRIAL COMMISSION OF COLORADO, ET AL. v. CLAUDE PEARCY. No. 19,922.Supreme Court of Colorado. Decided March 12, 1962. From a judgment vacating orders of the Industrial Commission denying claim for compensation on ground that it was not filed in apt time, the Commission and others bring error. Reversed. 1. WORKMEN’S COMPENSATION — […]

(609 P.2d 1110) The People of the State of Colorado v. Raymond Leon Roybal No. 77-861Colorado Court of Appeals. Decided December 28, 1979. Opinion modified and as modified petition for rehearing denied People January 31, 1980. Rehearing denied Roybal February 7, 1980. Convicted of dispensing a dangerous drug, defendant appealed. Remanded 1. CRIMINAL LAW — […]

Golden Age Manor and Ranger Insurance Company, Petitioners, v. The Industrial Commission of the State of Colorado; Director, Department of Labor and Employment, Division of Labor, State of Colorado; and Eddie Franklin, Respondents. No. 85CA0320Colorado Court of Appeals. Decided November 21, 1985. Rehearing Denied December 26, 1985. Certiorari Denied Golden Age Manor March 17, 1986 […]

106 P.2d 363 TAUSSIG ET AL. v. MOFFAT TUNNEL WATER AND DEVELOPMENT COMPANY. No. 14,474.Supreme Court of Colorado. Decided June 17, 1940. Rehearing denied October 14, 1940. A proceeding involving the validity of water decrees. Objections to entry of decrees overruled. Decrees Modified, and as Modified, Affirmed. 1. WATER RIGHTS — Conditional Decrees. It is […]