certainty error in Colorado

7 Colorado opinions name it 2 courts 1894–2016 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 (1)

Case	Followed	Cited
Dish Network Corp. v. Arrowood Indemnity Co.green ca10 · 2014 · cited in 3 Colorado opinions naming this issue, 2016–2016 2 sentences 2016Co., 772 F.3d 856, 864 (10th Cir. 2014) (citation omitted). 1 Again, ambiguity in the mandate afforded the trial court discretion to allow retrial of all damages issues, which it did. 2016Co. , 772 F.3d 856, 864 (10th Cir. 2014) (citation omitted). 14 Again, ambiguity in the mandate afforded the trial court discretion to allow retrial of all damages issues, which it did.	3	3

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

Case	Cited	Years
Stockbridge Iron Co. v. Hudson Iron Co. green mass · 1869 2 sentences 1894Juris., vol. 2, § 859; 3 Green, on Evidence, § 363; Stockbridge Iron Co. v. Hudson Iron Co., 102 Mass. 45 ; Tucker v. Madden, 44 Me. 206 ; Henkle v. Royal Ex. 1894Juris., vol. 2, § 859; 3 Green, on Evidence, § 363; Stockbridge Iron Co. v. Hudson Iron Co., 102 Mass. 45 ; Tucker v. Madden, 44 Me. 206 ; Henkle v. Royal Ex.	2	1894–1894
Tucker v. Madden green me · 1857 2 sentences 1894Juris., vol. 2, § 859; 3 Green, on Evidence, § 363; Stockbridge Iron Co. v. Hudson Iron Co., 102 Mass. 45 ; Tucker v. Madden, 44 Me. 206 ; Henkle v. Royal Ex. 1894Juris., vol. 2, § 859; 3 Green, on Evidence, § 363; Stockbridge Iron Co. v. Hudson Iron Co., 102 Mass. 45 ; Tucker v. Madden, 44 Me. 206 ; Henkle v. Royal Ex.	2	1894–1894
Wilson v. Morris green coloctapp · 1894 1 sentence 1928Jurisprudence (3rd Ed.) at page 1515, the author says: ‘ ‘ Courts of equity do not grant *565 the high remedy of reformation upon a probability, nor even upon a mere preponderance of evidence, but only upon a certainty of the error.” This language was quoted with approval in Wilson v. Morris, 4 Colo. App. 242 , 36 Pac. 248 ; and again in Wells v. Crawford, 23 Colo. App. 103 , 127 Pac. 914 .	1	1928–1928
Connecticut Fire Insurance v. Smith neutral coloctapp · 1897 1 sentence 1928Other Colorado decisions in which the rule has been announced in substantially the same language are: Loukowski v. Pryor, 46 Colo. 584 , 106 Pac. 7 ; Gibbs v. Wallace, 58 Colo. 364 , 147 Pac. 686 ; Insurance Co. v. Smith, 10 Colo. App. 121 , 51 Pac. 170 .	1	1928–1928
Loukowski v. Pryor neutral colo · 1909 1 sentence 1928Other Colorado decisions in which the rule has been announced in substantially the same language are: Loukowski v. Pryor, 46 Colo. 584 , 106 Pac. 7 ; Gibbs v. Wallace, 58 Colo. 364 , 147 Pac. 686 ; Insurance Co. v. Smith, 10 Colo. App. 121 , 51 Pac. 170 .	1	1928–1928
Gibbs v. Wallace green colo · 1914 2 sentences 1928Other Colorado decisions in which the rule has been announced in substantially the same language are: Loukowski v. Pryor, 46 Colo. 584 , 106 Pac. 7 ; Gibbs v. Wallace, 58 Colo. 364 , 147 Pac. 686 ; Insurance Co. v. Smith, 10 Colo. App. 121 , 51 Pac. 170 . 1928Other Colorado decisions in which the rule has been announced in substantially the same language are: Loukowski v. Pryor, 46 Colo. 584 , 106 Pac. 7 ; Gibbs v. Wallace, 58 Colo. 364 , 147 Pac. 686 ; Insurance Co. v. Smith, 10 Colo. App. 121 , 51 Pac. 170 .	1	1928–1928
Merrick v. Morelock neutral colo · 1923 1 sentence 1928While courts of equity do not grant the remedy of reformation on a mere probability, or upon a preponderance of evidence, but only upon a certainty of error, and while a party who undertakes to avoid the effect of an instrument which he has signed and sealed, assumes a difficult task, nevertheless, if the evidence is as declared by this court in its most recent-declaration on the subject — Merrick v. Morelock, 73 Colo. 245 , 215 Pac. 133 — clear, unequivocal and indubitable, a contract may be and should be reformed.	1	1928–1928
Fleming v. Breitner green colo · 1923 1 sentence 1928While courts of equity do not grant the remedy of reformation on a mere probability, or upon a preponderance of evidence, but only upon a certainty of error, and while a party who undertakes to avoid the effect of an instrument which he has signed and sealed, assumes a difficult task, nevertheless, if the evidence is as declared by this court in its most recent-declaration on the subject — Merrick v. Morelock, 73 Colo. 245 , 215 Pac. 133 — clear, unequivocal and indubitable, a contract may be and should be reformed.	1	1928–1928
Wells v. Crawford green coloctapp · 1912 1 sentence 1928Jurisprudence (3rd Ed.) at page 1515, the author says: ‘ ‘ Courts of equity do not grant *565 the high remedy of reformation upon a probability, nor even upon a mere preponderance of evidence, but only upon a certainty of the error.” This language was quoted with approval in Wilson v. Morris, 4 Colo. App. 242 , 36 Pac. 248 ; and again in Wells v. Crawford, 23 Colo. App. 103 , 127 Pac. 914 .	1	1928–1928

Where else courts name it

CA 40 (1983–2025) CT 37 (1993–2020) MI 29 (1945–2026) NY 24 (1915–2013) NJ 19 (1934–2024) ND 17 (1912–2019) OH 17 (1912–2020) FL 13 (1990–2024) NC 10 (1926–2023) WA 10 (1935–2025) MD 9 (1947–2016) LA 9 (1985–2026) IL 8 (1979–1995) OR 7 (1913–2014) CO 7 (1894–2016) TX 6 (1986–2005) KS 5 (1880–1979) MO 5 (1891–1945) TN 5 (1998–2019) OK 5 (2005–2019) DE 4 (1915–2000) SD 4 (1988–2022) VT 3 (2004–2018) PA 3 (1983–2015) AR 3 (1925–1988) SC 2 (1993–2004) HI 2 (1963–2008) UT 2 (1983–2009) AL 2 (1902–1925) GA 2 (2018–2018)

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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