Greig v. Elliott
This text of 29 Colo. 283 (Greig v. Elliott) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In the complaint filed by plaintiff in error in the court below he purports to state two causes of action. In each the subject matter of controversy—certain real estate—is the same. A general demurrer to the second cause of action was sustained, and plaintiff having elected to stand by this cause-as pleaded, it was dismissed. The first cause of action is still undisposed of. He has brought here for review on error the action of the court in sustaining the demurrer to, and dismissing, his second cause of action. The defendants move to dismiss.
The subject matter of controversy is identical in each cause of action. The rights of the parties to the realty in dispute are as yet dependent upon the judgment which the court may render in the first cause of action. Therefore, the judgment of which plaintiff complains is not final—Dusing v. Nelson, 7 Colo. 184—and hence, not reviewable on error at this time. Mills’ Ann. Code § 406.
The motion to dismiss is sustained.
Dismissed
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
29 Colo. 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greig-v-elliott-colo-1902.