Colorado § 13-25-118 - Joint defendants.
Full text of Colorado Colorado Revised Statutes § 13-25-118 — Joint defendants., with citation guidance and answers to common questions.
§ 13-25-118. Joint defendants.
In actions upon express contracts against two or more defendants alleged to have been made or executed by such defendants as partners or joint obligors or payors, proof of the joint liability or partnership of the defendants, or their first names or surnames, shall not in the first instance be required to entitle the plaintiff to judgment, unless such proof is rendered necessary by the filing of pleas denying the execution of such writing, verified by affidavit as required by law.
Source: R.S. p. 310, § 6. G.L. § 1083. G.S. § 1313. R.S. 08: § 2506. C.L. § 6554. CSA: C. 63, § 20. CRS 53: § 52-1-19. C.R.S. 1963: § 52-1-19. L. 73: p. 612, § 2.
Cross references: For joint and several obligations, see article 50 of this title; for pleading special matters, see C.R.C.P. 9.
ANNOTATION
Joint liability as partners need not be proved unless denied. Under this section a plaintiff is not required to prove the joint liability of defendants sued as partners, unless the execution of the instrument sued on is denied by plea verified by affidavit. Litchfield v. Daniels, 1 Colo. 268 (1871).
Denial of partnership may be made by general issue, without oath. In assumpsit against two persons as partners to recover damages for failure to deliver stock pursuant to a contract which was not in writing, the general issue by one of the defendants, without oath, operates to deny the partnership. Rogers v. Nuckolls, 2 Colo. 281 (1874).
Frequently Asked Questions About Colorado § 13-25-118
What does Colorado Revised Statutes § 13-25-118 cover?
Section 13-25-118 ("Joint defendants.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 13-25-118?
A common citation format is "Colorado Revised Statutes § 13-25-118" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 13-25-118 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.