21 Colo. 84 | Colo. | 1895
delivered the opinion of the court.
The specific denials of the answer put in issue every material allegation of the complaint; consequently these denials,
There was no exception reserved to the instructions given by the court nor were they objected to in any way; hence, under the well settled rule in this state, the instructions cannot be reviewed, but will be assumed to be correct. McFeters v. Pierson et al., 15 Colo. 201.
Objection is made to the form of the verdict, it being simply a verdict for the defendants. The form of the verdict in this case is in no way influenced by the statute of the United States with reference to the trial of adverse suits, this not being an adverse suit, but a case in the nature of ejectment. The rule in such cases is that if the plaintiff fails to establish his right of possession affirmatively, the verdict shall be for ■ the defendant, a general verdict being sufficient. Dyke v. Whyte, 17 Colo. 296; Chivington v. The Colorado Springs Company, 9 Colo. 597.
The judgment will be affirmed.
Affirmed.