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3 Colo. 324

Holliday v. Kirk

Supreme Court of Colorado

Decided April 15, 1877

Supreme Court of Colorado · decided 1877-04-15

It appears from the record that the defendants below filed their pleas on January 8th, 1877, and that on the same day ■the plaintiffs filed their motion to strike said pleas from the files; that said motion was taken up by the court on the same day, in the absence of the defendants, and sustained; that said motion was heard within a short time after the filing of said pleas in the morning hour, after the hearing of motions and demurrers in other cases which had before been…

Decided 1877-04-15

Wells, J.

¶1Conceding the doctrine contended for, that the rules of court in general apply in all cases alike, and bind not only counsel and suitors, but the court also, it is not apparent that in the present case the rule of court relied upon was violated. The plaintiff below was at liberty to move against his adversary’s pleas on the saíne day on which they were filed. There is nothing in the rule quoted nor in the facts presented in the bill of exceptions to prevent a disposition of that motion during the morning hour of that day, without special assignment of it. The rule itself was an assignment of all issues of law, pending motions and demurrers for the morning hour of each day until disposed of.

¶2The fact that issues of law in other cases had been set for hearing at a later day did not affect the question.

¶3Judgment affirmed with costs.

¶4Affirmed.

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