20 Colo. App. 93 | Colo. Ct. App. | 1904
This action was commenced by the appellee, Hart, before a justice of the peace to recover an alleged indebtedness of the appellant to him for labor, and an alleged indebtedness of the appellant to one J. M. Martin for labor, of which latter he claimed to be the owner by assignment from Martin. The case went by appeal to the county court, where a judgment was rendered in favor of the plaintiff for the amount of his consolidated claim. The defendant appeals to this court.
The argument of the appellant is confined to certain rulings of the court made at the trial. The
' When the plaintiff rested, the defendant moved for a dismissal of the suit on the ground of nonjoinder of parties defendant, and renewed the motion at the conclusion of the case. The defendant was operating a mine called the Monument mine, as manager for certain lessees of the property, of whom he appears to have been one; and the plaintiff and his assignor worked upon that mine. The defendant did not in terms employ them in behalf of the owners of the lease, and they supposed they were working for him. Some facts were shown which counsel say were sufficient to put them on inquiry; and if they had inquired they would have found that the defendant was acting only in a representative capacity. The argument is that the indebtedness was due from the lessees jointly, and that, hence, they were all necessary parties defendant. But the theory that this indebtedness grew out of labor performed under that
Affirmed.