upon hearing in Colorado

1955Moore, Inc., 26 F. Supp. 749 , the court said: “Plaintiff has misconceived his remedy and is seeking relief to which he is not entitled under the law, but this does not mean that his petition should be dismissed; for, if under the allegations of the petition he is entitled to any relief, the court upon a hearing may grant him the relief to which he is entitled regardless of the prayer in the petition * * *494 The question, therefore, is not whether the plaintiff in the case at bar has asked for the proper remedy, but whether under his pleadings he is entitled to any remedy.

1946Moore, Inc., 26 F. Supp. 749 (1939) the court said, inter alia: “Plaintiff has misconceived his remedy and is seeking relief to which he is not entitled under the law, but this does not mean that his petition should be dismissed; for, if under the allegations of the petition he is entitled to any relief, the court upon a hearing may grant him the relief to which he is entitled regardless of the prayer in-the petition, Rule 54(c).” In Kansas City, St.

1971Pursche v. Atlas Scrapper and Engineering Company, 9 Cir., 300 F.2d 467 , cert. denied, 371 U.S. 911 , 83 S.Ct. 251 , 9 L.Ed.2d 170 ; Cleary v. Indiana Beach, Inc., 7 Cir., 275 F.2d 543 , cert. denied, 364 U.S. 825 , 81 S.Ct. 62 , 5 L.Ed.2d 53 ; Merchants Motor Freight, Inc. v. Downing, 227 F.2d 247 .

1971Pursche v. Atlas Scrapper and Engineering Company, 9 Cir., 300 F.2d 467 , cert. denied, 371 U.S. 911 , 83 S.Ct. 251 , 9 L.Ed.2d 170 ; Cleary v. Indiana Beach, Inc., 7 Cir., 275 F.2d 543 , cert. denied, 364 U.S. 825 , 81 S.Ct. 62 , 5 L.Ed.2d 53 ; Merchants Motor Freight, Inc. v. Downing, 227 F.2d 247 .

1971Pursche v. Atlas Scrapper and Engineering Company, 9 Cir., 300 F.2d 467 , cert. denied, 371 U.S. 911 , 83 S.Ct. 251 , 9 L.Ed.2d 170 ; Cleary v. Indiana Beach, Inc., 7 Cir., 275 F.2d 543 , cert. denied, 364 U.S. 825 , 81 S.Ct. 62 , 5 L.Ed.2d 53 ; Merchants Motor Freight, Inc. v. Downing, 227 F.2d 247 .

1971Pursche v. Atlas Scrapper and Engineering Company, 9 Cir., 300 F.2d 467 , cert. denied, 371 U.S. 911 , 83 S.Ct. 251 , 9 L.Ed.2d 170 ; Cleary v. Indiana Beach, Inc., 7 Cir., 275 F.2d 543 , cert. denied, 364 U.S. 825 , 81 S.Ct. 62 , 5 L.Ed.2d 53 ; Merchants Motor Freight, Inc. v. Downing, 227 F.2d 247 .

1971Pursche v. Atlas Scrapper and Engineering Company, 9 Cir., 300 F.2d 467 , cert. denied, 371 U.S. 911 , 83 S.Ct. 251 , 9 L.Ed.2d 170 ; Cleary v. Indiana Beach, Inc., 7 Cir., 275 F.2d 543 , cert. denied, 364 U.S. 825 , 81 S.Ct. 62 , 5 L.Ed.2d 53 ; Merchants Motor Freight, Inc. v. Downing, 227 F.2d 247 .

1971Pursche v. Atlas Scrapper and Engineering Company, 9 Cir., 300 F.2d 467 , cert. denied, 371 U.S. 911 , 83 S.Ct. 251 , 9 L.Ed.2d 170 ; Cleary v. Indiana Beach, Inc., 7 Cir., 275 F.2d 543 , cert. denied, 364 U.S. 825 , 81 S.Ct. 62 , 5 L.Ed.2d 53 ; Merchants Motor Freight, Inc. v. Downing, 227 F.2d 247 .

1971Pursche v. Atlas Scrapper and Engineering Company, 9 Cir., 300 F.2d 467 , cert. denied, 371 U.S. 911 , 83 S.Ct. 251 , 9 L.Ed.2d 170 ; Cleary v. Indiana Beach, Inc., 7 Cir., 275 F.2d 543 , cert. denied, 364 U.S. 825 , 81 S.Ct. 62 , 5 L.Ed.2d 53 ; Merchants Motor Freight, Inc. v. Downing, 227 F.2d 247 .

1971Pursche v. Atlas Scrapper and Engineering Company, 9 Cir., 300 F.2d 467 , cert. denied, 371 U.S. 911 , 83 S.Ct. 251 , 9 L.Ed.2d 170 ; Cleary v. Indiana Beach, Inc., 7 Cir., 275 F.2d 543 , cert. denied, 364 U.S. 825 , 81 S.Ct. 62 , 5 L.Ed.2d 53 ; Merchants Motor Freight, Inc. v. Downing, 227 F.2d 247 .

1971Pursche v. Atlas Scrapper and Engineering Company, 9 Cir., 300 F.2d 467 , cert. denied, 371 U.S. 911 , 83 S.Ct. 251 , 9 L.Ed.2d 170 ; Cleary v. Indiana Beach, Inc., 7 Cir., 275 F.2d 543 , cert. denied, 364 U.S. 825 , 81 S.Ct. 62 , 5 L.Ed.2d 53 ; Merchants Motor Freight, Inc. v. Downing, 227 F.2d 247 .

1951Motion to dismiss this cause was granted by the trial court and upon error judgment of dismissal was reviewed by us in Ferch v. Hansen, 115 Colo. 366 , 174 P. (2d) 719 , where the nature of the proceeding is more fully set out.

1951Motion to dismiss this cause was granted by the trial court and upon error judgment of dismissal was reviewed by us in Ferch v. Hansen, 115 Colo. 366 , 174 P. (2d) 719 , where the nature of the proceeding is more fully set out.

1923It is pertinent to observe, however, that in the new matter pleaded in the replication the language above quoted from the subscription contract is in the exact words of a contract considered in Canon City, etc. Co. v. McInerney, 71 Colo. 492 , 208 Pac. 457 , of which the court said that it put the party signing the same upon inquiry as to the agent’s authority, and he accepts the agent’s statements of such authority at his peril, and if the statements of the agent made are not in accord with the contract, and the party signing the contract acted upon them to his injury, he must abide the resul

1923It is pertinent to observe, however, that in the new matter pleaded in the replication the language above quoted from the subscription contract is in the exact words of a contract considered in Canon City, etc. Co. v. McInerney, 71 Colo. 492 , 208 Pac. 457 , of which the court said that it put the party signing the same upon inquiry as to the agent’s authority, and he accepts the agent’s statements of such authority at his peril, and if the statements of the agent made are not in accord with the contract, and the party signing the contract acted upon them to his injury, he must abide the resul

1916While this decision is based upon a statute of that state, it would seem that it is equally supported by common sense and sound reason.” The following are to the same effect: Cases in note to Baughn v. State, 100 Geo. 554, 28 S. E. 68 , 38 L.

1916"In Darnell v. State, 21 Tex. App. 6, 5 S. W. 522 , the Court of Appeals of Texas held that the judgment of the trial court upon an inquiry, after conviction, as to the question of insanity, was conclusive, and that no appeal would lie therefrom.

1914The former judgment was reviewed by this court upon error. — La Fitte v. Salisbury, 43 Colo. 248, 95 Pac. 1065 .

1914In the very nature of things nine years in the life of a child so changes conditions that it is out of the power of an earthly tribunal to restore the parties to their original situation and environment, and the courts therefore compel them to stand upon and abide by the record they have made.” In Chehak v. Battles, 133 Iowa, 107 , 110 N. W. 330 , 8 L.

1914In the very nature of things nine years in the life of a child so changes conditions that it is out of the power of an earthly tribunal to restore the parties to their original situation and environment, and the courts therefore compel them to stand upon and abide by the record they have made.” In Chehak v. Battles, 133 Iowa, 107 , 110 N. W. 330 , 8 L.

1871In the case of Bradley v. Powers, 7 Cow. 330 , it is held, that when two plead a justification jointly or a plea involving a justification which fails as to one, the plea, being entire, faffs as to both.