Andre v. Jones
| Decision Date | 01 February 1872 |
| Citation | Andre v. Jones, 1 Colo. 489 (Colo. 1872) |
| Court | Colorado Supreme Court |
| Parties | ANDRE v. JONES. |
Appeal from District Court, Clear Creek County.
JONES recovered judgment against Andre and Haskins; both defendants appealed, and day was given to perfect the appeal, by bond, with security. Within the time limited Andre filed his bond, with surety, but his co-defendant did not join therein, and the condition of the bond recited an appeal by Andre only.
Mr. H M. TELLER, for appellee, moved to dismiss the appeal for the imperfections of the bond.
Mr. W R. GORSLINE, for appellant, asked leave to amend the bond.
The motion to dismiss must be allowed; the appeal was granted upon certain conditions, which have not been complied with. Haskins has evidently abandoned his appeal. The defendants might have prayed joint and several appeals, but they both united in the only appeal which was prayed, and a joint appeal of two cannot be prosecuted by...
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Tate v. Holly
... ... number of decisions of the Supreme Court of this state which ... seem to sustain his position, namely: Andre v. Jones, 1 Colo ... 489; Fuller et al. v. Swan River [21 Colo.App. 454] Placer ... Co., 5 Colo. 123; Diamond Tunnel Gold & Silver Min. Co. v ... ...
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Tanquary v. Howard
... ... section did not affect the rule that a joint appeal by all ... the defendants must be prosecuted by all. Andre v. Jones, 1 ... Colo. 489; Fuller v. S. R. Placer Co., 5 Colo. 123. Our Court ... of Appeals has [35 Colo. 127] announced the same doctrine in ... ...
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Diamond Tunnel Gold & Silver Mining Co. v. Faulkner
...unless all the defendants were entitled to an appeal. In support of this position the following decisions of this court are cited: Andre v. Jones, 1 Colo. 489; Fuller Placer Co., 5 Colo. 123. In the first of the above cases Jones had recovered judgment against two defendants, who prayed and......
- Anderson v. Sloan