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Robeson v. Miller

Robeson, in Error v. Miller, in Error

Robeson v. Miller, 4 Colo. App. 313 (1894)
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Court
Colorado Court of Appeals · State Appellate Courts
Decided
January 15, 1894
Judges
Thomson
Citations
4 Colo. App. 313
Headnotes
Appellate Practice. A judgment wliicli is wrong upon any hypothesis must he reversed.
Summary
Error to the County Court of Arapahoe County.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Thomson

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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 for $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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1896: 11908: 11912: 31928: 11947: 11964: 118962026peak 1912 · 3

Relies on it most ⓘ

  1. Holbrook Irrigation District v. Fort Lyon Canal Co.269 P. 574 (Colo. 1928)
  2. Palmer v. Gleason389 P.2d 90 (Colo. 1964)
  3. Burlington Interurban Railway Co. v. Chapman53 Colo. 28 (1912)
  4. Ferrari v. Brooks-Harrison Fuel Co.53 Colo. 259 (1912)
  5. Thompson v. Davis184 P.2d 133 (Colo. 1947)
  6. Galligan v. Luther54 Colo. 118 (1912)

Most recent

  1. Palmer v. Gleason389 P.2d 90 (Colo. 1964)
  2. Thompson v. Davis184 P.2d 133 (Colo. 1947)
  3. Holbrook Irrigation District v. Fort Lyon Canal Co.269 P. 574 (Colo. 1928)
  4. Galligan v. Luther54 Colo. 118 (1912)
  5. Burlington Interurban Railway Co. v. Chapman53 Colo. 28 (1912)
  6. Ferrari v. Brooks-Harrison Fuel Co.53 Colo. 259 (1912)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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