Cases Argued and Determined in the Supreme Court of the State of Colorado (Volume 71)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922. Excerpt: ... not be had, for the discharge of the said Martin and the appointment of some other person, for general relief, and for costs. A motion to separately state causes of action set out in the petition in intervention, and a demurrer to the petition for want of facts in so far as the same relates to a pretended cause of action for the vacation of the receivership proceedings, were overruled. Thereafter, and on the 25th day of November, 1921, on interveners' petition, the receiver was discharged and the receivership proceedings dissolved. A few days prior to the discharge of the receiver, the filing of an inventory and a report by the receiver of his action thus far, developed that defendant had assets exceeding its liabilities and that during the time it had been in the receiver's hands it had paid approximately $1200 in miscellaneous expenses and made a profit of approximately $1000. On the day of the discharge of the receiver plaintiff and defendant filed a joint reply to the petition in intervention. This reply disputes an item of some $15.00 in the claim of one of the interveners, asserts that the change in the prosperous condition of defendant's business did not occur until May 30, 1921, alleges that the said John H. Martin purchased his stock February 2, 1918, alleges that the condition of the company as set out in the complaint is due to general business conditions instead of mismanagement. The remainder of this reply consists of admissions, and minor denials of no moment. From the judgment discharging the receiver and dissolving the receivership plaintiff and defendant join in suing out this writ. Three alleged errors are assigned: 1. The order of the trial court overruling the motion to separately state causes of action in the petition in interventio...