Sawyer v. Armstrong
Supreme Court of Colorado
JSrror to the County Court of Arapahoe County. In 1884, John D. Armstrong brought an action in the county court of Arapahoe county against John S. Sanderson, Amos Sawyer, Marcus Finch and P. T. Smith, as partners doing business under the firm name of J. S. Sanderson & Company, to recover for goods, wares and merchandise, sold and delivered.
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JSrror to the County Court of Arapahoe County. In 1884, John D. Armstrong brought an action in the county court of Arapahoe county against John S. Sanderson, Amos Sawyer, Marcus Finch and P. T. Smith, as partners doing business under the firm name of J. S. Sanderson & Company, to recover for goods, wares and merchandise, sold and delivered. Summons was issued and served upon John 5. Sanderson, Marcus Finch and P. T. Smith on September 3, 1884. This original summons was not served upon Amos Sawyer. On January 15, 1885, trial was had, and the court found in favor of plaintiff and against the…
1Opinion of the CourtJustice Goddard
The assignments of error are based upon the refusal of the court below to quash the summons to show cause, and present for our consideration two questions: First, whether a partnership indebtedness constitutes an obligation witbin the meaning of section 285 of our Code of Civil Procedure, which provides: “ When a judgment is recovered against one or more of several persons, jointly indebted upon an obligation, by proceeding as provided in this act, those who were not originally served with the summons, and who did not appear to the action, may be summoned to show cause why they should not be…
2Cases cited1 opinion
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- Federal Deposit Insurance Corp. v. Wells Plaza Ltd. PartnershipColorado Court of Appeals · 1992
- Blythe v. CordinglyColorado Court of Appeals · 1905
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