assigned error (Colorado) · Go Syfert
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assigned error in Colorado

14 Colorado opinions name it 2 courts 1901–2013 0 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Stateline Steel Erectors, Inc. v. Shieldsgreen
nh · 2003 · cited in 1 Colorado opinions naming this issue, 2013–2013
2 sentences

2013Agency, Inc., 912 P.2d 559, 563-66 (Haw.Ct.App.1996) (holding that a party injured in an automobile accident could sue an insurance agent on an insured's assigned claim for negligence in failing to procure appropriate insurance, in exchange for the injured party's covenant not to execute upon a stipulated judgment); Red Giant Oil Co. v. Lawlor, 528 N.W.2d 524, 528-35 (Iowa 1995) (allowing a tort claimant to sue, as the insured's assign-ee, the insurer's agent for failure to procure the correct coverage, in return for the tort claimant's covenant not to execute on a stipulated judgment against

2013Agency, Inc., 912 P.2d 559, 563-66 (Haw.Ct.App.1996) (holding that a party injured in an automobile accident could sue an insurance agent on an insured's assigned claim for negligence in failing to procure appropriate insurance, in exchange for the injured party's covenant not to execute upon a stipulated judgment); Red Giant Oil Co. v. Lawlor, 528 N.W.2d 524, 528-35 (Iowa 1995) (allowing a tort claimant to sue, as the insured's assign-ee, the insurer's agent for failure to procure the correct coverage, in return for the tort claimant's covenant not to execute on a stipulated judgment against

11
Kobbeman v. Olesongreen
sd · 1998 · cited in 1 Colorado opinions naming this issue, 2013–2013
1 sentence

2013Furman, Inc., 697 So.2d 981, 983-85 (Fla.Dist.Ct.App.1997); Kobbeman v. Oleson, 574 N.W.2d 633, 635-37 (S.D.1998); Tip's Package Store, Inc. v. Commercial Ins.

11
Red Giant Oil Co. v. Lawlorgreen
iowa · 1995 · cited in 1 Colorado opinions naming this issue, 2013–2013
1 sentence

2013Agency, Inc., 912 P.2d 559, 563-66 (Haw.Ct.App.1996) (holding that a party injured in an automobile accident could sue an insurance agent on an insured's assigned claim for negligence in failing to procure appropriate insurance, in exchange for the injured party's covenant not to execute upon a stipulated judgment); Red Giant Oil Co. v. Lawlor, 528 N.W.2d 524, 528-35 (Iowa 1995) (allowing a tort claimant to sue, as the insured's assign-ee, the insurer's agent for failure to procure the correct coverage, in return for the tort claimant's covenant not to execute on a stipulated judgment against

11
Lageman v. Frank H. Furman, Inc.green
fladistctapp · 1997 · cited in 1 Colorado opinions naming this issue, 2013–2013
1 sentence

2013Furman, Inc., 697 So.2d 981, 983-85 (Fla.Dist.Ct.App.1997); Kobbeman v. Oleson, 574 N.W.2d 633, 635-37 (S.D.1998); Tip's Package Store, Inc. v. Commercial Ins.

11
McLellan v. Atchison Insurance Agency, Inc.green
hawapp · 1996 · cited in 1 Colorado opinions naming this issue, 2013–2013
1 sentence

2013Agency, Inc., 912 P.2d 559, 563-66 (Haw.Ct.App.1996) (holding that a party injured in an automobile accident could sue an insurance agent on an insured's assigned claim for negligence in failing to procure appropriate insurance, in exchange for the injured party's covenant not to execute upon a stipulated judgment); Red Giant Oil Co. v. Lawlor, 528 N.W.2d 524, 528-35 (Iowa 1995) (allowing a tort claimant to sue, as the insured's assign-ee, the insurer's agent for failure to procure the correct coverage, in return for the tort claimant's covenant not to execute on a stipulated judgment against

11
Roberts v. Holland & Hartgreen
coloctapp · 1993 · cited in 1 Colorado opinions naming this issue, 2010–2010
1 sentence

2010This is contrary to the proposition that "Colorado law generally favors the assignability of rights." Maj. op. at 261 (citing Roberts v. Holland & Hart, 857 P.2d 492, 495 (Colo.App.1993)).

11
Kruse v. McKennagreen
colo · 2008 · cited in 1 Colorado opinions naming this issue, 2010–2010
2 sentences

2010See, e.g., Kruse v. McKenna, 178 P.3d 1198, 1202 (Colo.2008) (affirming trial court's dismissal with prejudice of assignee's action to recover assigned claim where claim was unassignable as a matter of law).

2010In Kruse, we affirmed the trial court's dismissal with prejudice of an assignee's claim for liquidated damages because we found that the damages constituted a penalty that could not be assigned. 178 P.3d at 1202 (affirming trial court's dismissal with prejudice of assignee's action to recover assigned claim where claim was unassignable as a matter of law).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway.

Also cited on this issue (15)

CaseCitedYears
Henry v. Travelers' Insurance neutral
colo · 1891
2 sentences

1963Co., 41 Colo. 253 , 92 Pac. 695 , stated: “But as appellee did not seasonably object to such non-compliance, and. as it is more satisfactory to us to put the decision upon more substantial grounds, we proceed to a discus sion of the assigned error which counsel have argued.” (Emphasis supplied.) To like effect is the case of Henry v. Travelers Insurance Co., 16 Colo. 179 , 26 Pac. 318 , in which this court held that a motion to dismiss a writ of error, on the ground that there had been a noncompliance with the rules of the court respecting briefs, should be filed in apt time in order to have t

1963Co., 41 Colo. 253 , 92 Pac. 695 , stated: “But as appellee did not seasonably object to such non-compliance, and. as it is more satisfactory to us to put the decision upon more substantial grounds, we proceed to a discus sion of the assigned error which counsel have argued.” (Emphasis supplied.) To like effect is the case of Henry v. Travelers Insurance Co., 16 Colo. 179 , 26 Pac. 318 , in which this court held that a motion to dismiss a writ of error, on the ground that there had been a noncompliance with the rules of the court respecting briefs, should be filed in apt time in order to have t

21963–1963
Lombard v. Overland Ditch & Reservoir Co. neutral
colo · 1907
2 sentences

1963Co., 41 Colo. 253 , 92 Pac. 695 , stated: “But as appellee did not seasonably object to such non-compliance, and. as it is more satisfactory to us to put the decision upon more substantial grounds, we proceed to a discus sion of the assigned error which counsel have argued.” (Emphasis supplied.) To like effect is the case of Henry v. Travelers Insurance Co., 16 Colo. 179 , 26 Pac. 318 , in which this court held that a motion to dismiss a writ of error, on the ground that there had been a noncompliance with the rules of the court respecting briefs, should be filed in apt time in order to have t

1963Co., 41 Colo. 253 , 92 Pac. 695 , stated: “But as appellee did not seasonably object to such non-compliance, and. as it is more satisfactory to us to put the decision upon more substantial grounds, we proceed to a discus sion of the assigned error which counsel have argued.” (Emphasis supplied.) To like effect is the case of Henry v. Travelers Insurance Co., 16 Colo. 179 , 26 Pac. 318 , in which this court held that a motion to dismiss a writ of error, on the ground that there had been a noncompliance with the rules of the court respecting briefs, should be filed in apt time in order to have t

21963–1963
Van Wyk v. People neutral
colo · 1908
2 sentences

1938In Kolkman v. People, 89 Colo. 8 , 300 Pac. 575 , we said: “In Van Wyk v. People, 45 Colo. 1 , 99 Pac. 1009 , the defendants were charged with the crime of murder, and the trial court instructed the jury on the law of conspiracy, and this was assigned as error.

1938In Kolkman v. People , 89 Colo. 8 , 300 Pac. 575 , we said: "In Van Wyk v. People , 45 Colo. 1 , 99 Pac. 1009 , the defendants were charged with the crime of murder, and the trial court instructed the jury on the law of conspiracy, and this was assigned as error.

21931–1938
Currigan v. Stone green
colo · 1957
2 sentences

1960In Currigan v. Stone, 136 Colo. 326 , 317 P. (2d) 1044 , it was held that: “ * * * Interest is not recoverable against a municipality on claims arising out of its actions in a governmental capacity. * * Thus it appears that interest is not recoverable on the claims from the date they arose.

1960In Currigan v. Stone, 136 Colo. 326 , 317 P. (2d) 1044 , it was held that: “ * * * Interest is not recoverable against a municipality on claims arising out of its actions in a governmental capacity. * * Thus it appears that interest is not recoverable on the claims from the date they arose.

11960–1960
Larson v. Long green
colo · 1923
2 sentences

1958This tendered instruction was given and approved by this court in Larson v. Long, 74 Colo. 152 , 219 Pac. 1066 , wherein it is said: “While it is true that such presumption is prima facie only, the court did not say to the jury that it was a conclusive presumption, and the plaintiff should have asked for a modification.

1958This tendered instruction was given and approved by this court in Larson v. Long, 74 Colo. 152 , 219 Pac. 1066 , wherein it is said: “While it is true that such presumption is prima facie only, the court did not say to the jury that it was a conclusive presumption, and the plaintiff should have asked for a modification.

11958–1958
Boyles v. People neutral
· 1931
2 sentences

1940In support of our rejection of defendants’ contention as to the assigned error predicated upon misconduct of the jury, we cite Boyles v. People, 90 Colo. 32 , 6 P. (2d) 7 , and Ison v. Stewart, 105 Colo. 55 , 94 P. (2d) 70 .

1940In support of our rejection of defendants’ contention as to the assigned error predicated upon misconduct of the jury, we cite Boyles v. People, 90 Colo. 32 , 6 P. (2d) 7 , and Ison v. Stewart, 105 Colo. 55 , 94 P. (2d) 70 .

11940–1940
Ison v. Stewart neutral
colo · 1939
1 sentence

1940In support of our rejection of defendants’ contention as to the assigned error predicated upon misconduct of the jury, we cite Boyles v. People, 90 Colo. 32 , 6 P. (2d) 7 , and Ison v. Stewart, 105 Colo. 55 , 94 P. (2d) 70 .

11940–1940
Kolkman v. People green
colo · 1931
2 sentences

1938In Kolkman v. People, 89 Colo. 8 , 300 Pac. 575 , we said: “In Van Wyk v. People, 45 Colo. 1 , 99 Pac. 1009 , the defendants were charged with the crime of murder, and the trial court instructed the jury on the law of conspiracy, and this was assigned as error.

1938In Kolkman v. People, 89 Colo. 8 , 300 Pac. 575 , we said: “In Van Wyk v. People, 45 Colo. 1 , 99 Pac. 1009 , the defendants were charged with the crime of murder, and the trial court instructed the jury on the law of conspiracy, and this was assigned as error.

11938–1938
Sweet v. Barnard green
colo · 1919
2 sentences

1924Code 1921, § 79; Sweet v. Barnard, 66 Colo. 526 , 182 Pac. 22 ; Fowler v. Fowler, 74 Colo. 231 , 220 Pac. 988 .

1924Code 1921, § 79; Sweet v. Barnard, 66 Colo. 526 , 182 Pac. 22 ; Fowler v. Fowler, 74 Colo. 231 , 220 Pac. 988 .

11924–1924
Fowler v. Fowler neutral
colo · 1923
2 sentences

1924Code 1921, § 79; Sweet v. Barnard, 66 Colo. 526 , 182 Pac. 22 ; Fowler v. Fowler, 74 Colo. 231 , 220 Pac. 988 .

1924Code 1921, § 79; Sweet v. Barnard, 66 Colo. 526 , 182 Pac. 22 ; Fowler v. Fowler, 74 Colo. 231 , 220 Pac. 988 .

11924–1924
Credit Men's Adjustment Co. v. Vickery green
colo · 1916
1 sentence

1920In Credit Men’s Co. v. Vickery, 62 Colo. 214 , that question was decided adversely to said contention.

11920–1920
Garcia v. People neutral
colo · 1918
1 sentence

1919In Drach v. Leckenby, 64 Colo. 172 , 546 Pac. 424 , L.

11919–1919
People ex rel. Attorney General v. Owers neutral
· 1902
1 sentence

1906We have heretofore held in quo warranto proceedings that the burden is upon the respondent to prove his right to the office by a preponderance of the testimony. — People v. Owers, 29 Colo. 535 ; People ex rel. v. Stratton, 33 Colo. 464 .

11906–1906
People ex rel. Saunier v. Stratton neutral
colo · 1905
1 sentence

1906We have heretofore held in quo warranto proceedings that the burden is upon the respondent to prove his right to the office by a preponderance of the testimony. — People v. Owers, 29 Colo. 535 ; People ex rel. v. Stratton, 33 Colo. 464 .

11906–1906
Wyatt v. Larimer & Weld Irrigation Co. green
colo · 1893
1 sentence

1901It was decided in Wyatt v. Irrigation Co., 18 Colo. 298 , that, “A perpetual right to have a certain quantity of water flow through an irrigating ditch is an easement in the ditch, an incorporeal hereditament, descendible by inheritance, and a freehold estate.” Upon the trial the appellant objected to the introduction of any testimony by the appellees, on the ground that the complaint did not state a cause of action; the trial court overruled the objection, and this is assigned as error.

11901–1901

Where else courts name it

OH 416 (1908–2026) LA 149 (1978–2026) NE 112 (1881–2026) IA 53 (1864–1986) WA 52 (1896–2026) MS 48 (1844–2018) IN 43 (1865–2006) OR 40 (1876–2025) CA 37 (1863–2016) TX 34 (1879–2026) MO 34 (1866–2005) IL 32 (1886–2014) VA 29 (1908–2026) OK 29 (1908–2026) PA 24 (1867–2016) NY 24 (1883–2025) GA 21 (1881–1997) AL 20 (1852–1975) FL 19 (1939–2025) MN 16 (1886–1983) MI 16 (1878–2025) NC 14 (1886–2018) CO 14 (1901–2013) WV 14 (1920–2023) NV 11 (1959–2020) CT 10 (1891–2024) TN 10 (1925–2025) AZ 8 (1918–2019) ID 6 (1867–1954) NJ 6 (1993–2021) MT 5 (1923–1995) WY 5 (1892–1975) KS 5 (1895–1989) SD 5 (1894–1983) WI 5 (1901–2021) UT 4 (1911–2017) AR 4 (1931–1983) SC 4 (1909–2021) HI 3 (1976–2013) DC 3 (1944–1997) NM 3 (1936–2023) ND 3 (1907–1962) ME 3 (1975–2015) AK 3 (1999–2025) KY 3 (1908–2010) VT 2 (1925–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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