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People v. Sumner

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eBook details

  • Title: People v. Sumner
  • Author : Colorado Supreme Court
  • Release Date : January 07, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

We note preliminarily that the only issue for our determination is whether the amended complaint states a claim for relief. We are governed by two basic principles. First, dismissal of a complaint is improper unless it appears: (1) That plaintiff is entitled to no relief under any state of facts which may be proved in support of the claim; Nelson v. Nelson, 31 Colo. App. 63, 497 P.2d 1284; or (2) that the allegations made do not provide the opposing party sufficient notice to answer and prepare for trial. See J. & K. Construction Co. v. Molton, 154 Colo. 214, 390 P.2d 68. Second, the material allegations of the complaints must be taken as admitted. Cook v. Denver, 128 Colo. 578, 265 P.2d 700; Millard v. Smith, 30 Colo. App. 466, 495 P.2d 234.


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