10 Colo. 272 | Colo. | 1887
Appellant assigns thirteen errors in this case. The second assignment goes to the alleged admission of improper testimony for the plaintiff. The record fails to show that any improper testimony was admitted by the court. All of plaintiff’s testimony was proper, relevant and material, provided the court had jurisdiction of the cause.
The third assignment is based upon the refusal of the court to permit the witness to testify what were Charles’ intentions in leaving Morrison. Charles’ intentions in the premises were immaterial, and, whatever they may have been, they could not affect the case. The evidence was offered for the purpose of showing that Charles was not a non-resident of this state when the attachment was issued; but if one man could be allowed to testify to the intentions of another, instead of being confined to a statement of facts or declarations from which intent may be inferred, this offer of defendant should not have been allowed, because Charles’ intent when he left Morrison could not prove what his intent was when the writ of attachment was issued. His letter to Amos, from Goshen, N. C., dated December 3, 1883, shows beyond dispute that he had given up all expectation of returning to Colorado.
The fifth assignment has no merit; it is: “The court erred in striking out the testimony of L. E. Charles and
The sixth assignment is: “The court erred in rejecting other proper testimony on the part of defendant; ” and upon that it is sufficient to say that the record shows no error of the court in this particular.
The eighth, ninth, tenth, eleventh, twelfth and thirteenth assignments all go to the same point, namely, that upon the evidence the judgment should have been for defendant instead of for the plaintiff. Assuming the jurisdiction of the court, there can be no pretense that defendant was entitled to judgment; upon the whole evidence, there can be no doubt of the fact of his indebtedness to plaintiff, and his letter of December 3d, to Amos, is a clear admission of such indebtedness; the only excuse for not paying it being that “what I once called my wife agreed before more than a dozen witnesses to assume all indebtedness against the shop.” With this agreement Amos had no connection, and by it he was not bound. It was, therefore, no defense to the action, and the court did not err in rendering judgment against defendant upon the evidence.
There was no error in the proceedings of the county court, and the judgment should be affirmed.
We concur: Stallcup, C.; Rising, 0.
Per Curiam. For the reasons assigned in the foregoing opinion the judgment of the county court is affirmed.
Affirmed.