Colorado Reports Volume 39 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...brought in the district court of Rio Grande county. The complaint alleges that the defendant violated 1 of the ordinances of the town of Monte Vista, in the county of Rio Grande, state of Colorado, entitled "An ordinance concerning intoxicating liquors," which said ordinance was' passed and adopted on the 4th day of March, 1899, and had still remained and still is in force and effect, and to the damage of the plaintiff in the sum of three hundred dollars ($300.00). The complaint further states the title of the action and specifies the name of the court and county in which the action is brought. The appellant, as defendant below, filed its answer denying the allegations of the_complaint. At the trial it objected to the impaneling of the jury and to the introduction of testimony upon the ground that the complaint did not state facts suflicient to constitute a cause of action_. The trial court properly overruled the objection. The complaint complied with the provisions of our code specifying what the complaint should contain. It was not obnoxious to a demurrer, but was obnoxious to a motion to make it more definite and certain, which the defendant below did not make. The evidence was in support of the allegations of the complaint and the defendant below was in no way prejudiced by its form. The question of the jurisdiction of the trial court is presented for the first time in this court on appeal, and challenges the right of the district court to hear and determine the question. Under the rule of this court, it is the duty of the appellant to point out the error of the trial court in assuming jurisdiction, or to point out to this court some specific reasons why the district court had no jurisdiction. This is not...