Western Investment & Land Co. v. First National Bank

Colorado Court of Appeals

Western Investment & Land Co. v. First National Bank

24 Colo. App. 37

CourtColorado Court of Appeals

DecidedApril 15, 1913

DocketNo. 3463

StatusPublished

This text of 24 Colo. App. 37 (Western Investment & Land Co. v. First National Bank) 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

Western Investment & Land Co. v. First National Bank, 24 Colo. App. 37 (Colo. Ct. App. 1913).

Pincite

Opinion

Per curiam.

The attention of the court has been called to the fact that the opinion filed herein on October 14th, 1912, appears to reverse the judgment of the court below as to the defendant, Frank J. Macarthy, as well as to his co-defendant, The Western Investment and Land Company. The appeal was taken by The Western Investment and Land Company only. No exceptions were taken to and no appeal prayed from the judgment of the trial court against the said Macarthy, and so far as the opinion of this court appears to reverse the cause as to him, it was unintentionally and inadvertently so written. The last paragraph of said opinion is hereby amended so as to read as follows:

[38]*38‘ ‘ For the error of the court in withdrawing the canse from the jury and directing a verdict, the judgment, as to the appellant, The Western Investment and Land Company, will be reversed and the cause remanded for a new trial; but this opinion shall not affect the judgment of the trial court as to the defendant Frank J. Macarthy.

Reversed and Remanded.

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Per curiam.

The attention of the court has been called to the fact that the opinion filed herein on October 14th, 1912, appears to reverse the judgment of the court below as to the defendant, Frank J. Macarthy, as well as to his co-defendant, The Western Investment and Land Company. The appeal was taken by The Western Investment and Land Company only. No exceptions were taken to and no appeal prayed from the judgment of the trial court against the said Macarthy, and so far as the opinion of this court appears to reverse the cause as to him, it was unintentionally and inadvertently so written. The last paragraph of said opinion is hereby amended so as to read as follows:

[38]*38‘ ‘ For the error of the court in withdrawing the canse from the jury and directing a verdict, the judgment, as to the appellant, The Western Investment and Land Company, will be reversed and the cause remanded for a new trial; but this opinion shall not affect the judgment of the trial court as to the defendant Frank J. Macarthy.

Reversed and Remanded.

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Bluebook (online)

24 Colo. App. 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/western-investment-land-co-v-first-national-bank-coloctapp-1913.