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REPORTS

OF THE DECISIONS OF THE

COURT OF APPEALS

OF THE

STATE OF COLORADO,

INCLUDING PART OF THE APRIL TERM, AND THE SEP-
TEMBER TERM, 1902, AND THE JANUARY TERM,

AND PART OF THE APRIL TERM, 1903.

JOHN A. GORDON,

REPORTER.

VOL. 18.

THE MILLS PUBLISHING CO.
DENVER, COLO.

1904.

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Entered according to Act of Congress in the year One Thousand Nine Hundred and Four,

By JAMES COWIE, SECRETARY OF STATE OF THE STATE OF COLORADO, in the Office of the Librarian of Congress, at Washington, D. C.

Rec. Dec. 7, 1904.

The W. H. Kistler Stationery Co.
Printers and Binders
Denver, Colo.

JUDGES OF THE COURT OF APPEALS

OF THE STATE OF COLORADO

When These Opinions Were Rendered.

ADAIR WILSON, PRESIDENT JUDGE.!
CHARLES I. THOMSON,

JUDGES.

JULIUS C. GUNTER,

CHARLES I. THOMSON, PRESIDENT JUDGE. JULIUS C. GUNTER,

JOHN M. MAXWELL,

JUDGES.

CHARLES C. POST, ATTORNEY GENERAL. 2
NATHAN C. MILLER, ATTORNEY GENERAL.
JAMES C. PERCHARD, CLERK.

JOHN A. GORDON, REPORTER.

1 Judge Wilson's term of office having expired April 1, 1903, he was succeeded by John M. Maxwell, and Judge Charles I. Thomson became President Judge.

2 Charles C. Post's term of office as Attorney General having expired January 13, 1903, he was succeeded by Nathan C. Miller.

TABLE OF CASES REPORTED.

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Board of County Commis-
sioners of Fremont Coun-
ty, Chew v.

Board of County Commis-
sioners of Garfield County
v. Beardsley
Board of County Commis-
sioners of Hinsdale County
v. Crump
Board of County Commis-
sioners of Montrose Coun-
ty, McMullin v.

Board of County Commis-
sioners of Phillips County,
Ballard v.
Board of State Canvassers
V. The People ex rel.
Cooper
Board of Trustees of Town
of Montrose v. Endner
Bogart, Burson v.
Boot, Richardson v.
Boston Newmarket

Mining Co. v. Orme
Bott, Johnson et al. v.
Bradley et al., Smiley v.
Brady, Rickey v.

Gold

68

Breckenridge Mercantile Co.,
Cannon et al. v.
444 Broadway Insurance Co.,
Appelman v.
Brown Administrator of Es-
tate of Hawkins, Tourte-
lotte v.

16

Bucknum, The Denver Life
Insurance Co. v.

Buck v. Jones

Page

162

55

59

117

68

302

65

449

140

359

469

191

158

38

110

335

209

250

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