Robeson v. Miller

Colorado Court of Appeals

Robeson v. Miller

4 Colo. App. 313

DecidedJanuary 15, 1894

StatusPublished

This text of 4 Colo. App. 313 (Robeson v. Miller) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robeson v. Miller, 4 Colo. App. 313 (Colo. Ct. App. 1894).

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Opinion

Thomson, J.,

delivered the opinion of the court.

Suit for balance due for wages by Robeson against Miller. Judgment for plaintiff for $50.00. Plaintiff comes here by writ of error. The principal witnesses were the parties. Both agree that plaintiff worked ten months at $25.00 per month. They disagree as to payments. Defendant says he paid plaintiff $174.65; and plaintiff says he only received $133.50. Ten months’ labor at $25.00 per month amounts to $250.00. If plaintiff’s figures were correct, he was entitled to judgment [314]*314for $116.50. If defendant was more worthy of belief, plaintiff was entitled to judgment for $75.35. The court gave judgment for $50.00. Plow it found this sum, or why it rendered such a judgment, we are unable .to guess. If the plaintiff was right the judgment was wrong; if the defendant was right the judgment was wrong; and being wrong upon any hypothesis, it must be reversed.

Reversed.

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Thomson, J.,

delivered the opinion of the court.

Suit for balance due for wages by Robeson against Miller. Judgment for plaintiff for $50.00. Plaintiff comes here by writ of error. The principal witnesses were the parties. Both agree that plaintiff worked ten months at $25.00 per month. They disagree as to payments. Defendant says he paid plaintiff $174.65; and plaintiff says he only received $133.50. Ten months’ labor at $25.00 per month amounts to $250.00. If plaintiff’s figures were correct, he was entitled to judgment [314]*314for $116.50. If defendant was more worthy of belief, plaintiff was entitled to judgment for $75.35. The court gave judgment for $50.00. Plow it found this sum, or why it rendered such a judgment, we are unable .to guess. If the plaintiff was right the judgment was wrong; if the defendant was right the judgment was wrong; and being wrong upon any hypothesis, it must be reversed.

Reversed.

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Bluebook (online)

4 Colo. App. 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robeson-v-miller-coloctapp-1894.