RUPP v. COOL

No. 19335.

362 P.2d 396 (1961)

A. C. RUPP, Plaintiff in Error, v. Cortland N. COOL, Defendant in Error.

Supreme Court of Colorado. En Banc.

May 29, 1961.


Attorney(s) appearing for the Case

Rector & Kane, Colorado Springs, for plaintiff in error.

Daniel E. Quigley, William E. Rhodes, Colorado Springs, for defendant in error.


HALL, Chief Justice.

Cool, a practicing attorney, brought this action against his former client, Rupp. The case was commenced in the county court. There, neither party requested a jury. On trial to the court Rupp suffered an adverse judgment and promptly appealed to the district court where, on lodging the record of the county court and simultaneously therewith, he filed his written demand for a jury trial.

In his complaint Cool alleged that in 1955 he was...

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