Colorado § 13-40-119 - Rules of practice.

§ 13-40-119. Rules of practice.

In all actions brought under any provision of this article in any court, the proceedings shall be governed by the rules of practice and the provisions of law concerning civil actions in such court, except as may be otherwise provided in this article.

Source: L. 1885: p. 230, § 20. R.S. 08: § 2620. C.L. § 6386. CSA: C. 70, § 21. CRS 53: § 58-1-21. L. 61: p. 394, § 8. C.R.S. 1963: § 58-1-21.

ANNOTATION

Allegations must be supported by proof. The rule which requires that the proof shall support the allegation is as applicable to the action of unlawful detainer as to any other. Klopfer v. Keller, 1 Colo. 410 (1871).

Misjoinder of causes of action must be demurred to in trial court. Objections on the ground that several causes of action have been improperly united, as well as on the ground of misjoinder of parties, must be taken by demurrer or otherwise in the trial court, or they are to be deemed waived. This rule is as applicable to actions for forcible entry and detainer as to other civil actions. Farncomb v. Stern, 18 Colo. 279, 32 P. 612 (1893).

Evidence tending to disprove the facts stated in the complaint is admissible on the part of the defendant, although such evidence might also tend to prove another case upon which the plaintiff might, if he had so declared, maintain his action. Klopfer v. Keller, 1 Colo. 410 (1871).

Defendant may show he entered premises as purchaser and not as tenant. In an action of unlawful detainer against a tenant holding over, for the purpose of disproving the tenancy, the defendant may show that he entered as a purchaser and not as a tenant, and this whether the agreement to purchase was good or bad. Klopfer v. Keller, 1 Colo. 410 (1871).

A directed verdict may be given. Where, in an action for unlawful detainer, there was no evidence which should have gone to the jury, nor any matter presented for the jury's determination which would deprive the landlord of his right of reentry and possession under the terms of a written lease, the court properly directed a verdict for plaintiff. Mageon v. Alkire, 41 Colo. 338, 92 P. 720 (1907).