10 Colo. 264 | Colo. | 1887
The main question raised by the assignments of error, and discussed and fairly presented for the opinion of this court by the briefs of the respective counsel, is whether there was error in the following proceedings of the district court, to wit: First. Was it error for the court, after the statutory time for answering the plaintiff’s complaint had expired, and without notice to the plaintiff, to permit the defendants to withdraw their demurrer previously filed, and to file instead an answer to the complaint, accompanied by a cross-demand against the plaintiff? Second. Was it error for the court, on motion of the defendants, and without notice, to rule the plaintiff to reply to said answer and cross-demand within a stated time, and afterwards on like motion, and without notice, to enter the plaintiff’s default for failure to comply with the rule, and thereupon to give judgment for the defendants for the amount of their cross-demand?
Section 397 of the codeis as follows: “Every direction of the court made or entered in writing, and not included in a judgment, is denominated an order; an
The judgment should be reversed and the case remanded.
We concur: Rising, 0.; Macon, 0.
For the reasons assigned in the foregoing opinion the judgment of the district court is reversed and the cause remanded for a new trial.
Reversed.