GADDY v. CIRBO

No. 17683.

293 P.2d 961 (1956)

Everett GADDY and Ellis Gaddy, Plaintiffs in Error, v. Thomas CIRBO, Defendant in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied March 12, 1956.


Attorney(s) appearing for the Case

McDougal, Rogers & Sweeney, Denver, for plaintiffs in error.

Stone, Blood & Meyers, Denver, for defendant in error.


MOORE, Justice.

We will herein refer to the parties by name.

Cirbo filed his complaint against Everett Gaddy and Ellis Gaddy, who are brothers, in which he alleged that they committed an unlawful assault and battery upon his person resulting in permanent injuries. He sought to recover actual and exemplary damages, and prayed that execution issue against the body of each of the defendants.

The Gaddy brothers denied the pertinent allegations of the complaint...

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