Board of County Commissioners v. Sloan
Cases that cite this one
1 later published case cites this decision.
- Bothwell v. Denver Union Stockyards Co. (Colo. 1907)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is an action of debt-on bond, and the pleader, in drafting his declaration, has followed approved common law precedents. The two special causes of demurrer are all we need notice.
I. Where an action is brought by one for the use of another, it is unnecessary to allege the use, or, if alleged, it is unnecessary to prove it. Patton v. Coan et al. 3 Col. 265; Cody v. Butterfield, 1 Col. 380.
II. No previous demand was necessary to impose on the defendants the obligation to pay, nor to render them liable on their bond. 1 Chitty’s PI. 330, 331, and notes.
The demurrer should have been overruled.
The judgment of the court below is reversed, and the cause remanded.
Beversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.