Payton v. M. Spiesberger & Son Co.
Supreme Court of Colorado
Appeal from the District Court of Fremont County. Hon. Morton 8. Bailey, Judge. Action by Tbe M. Spiesberger & Son Company, a corporation, against Emma Payton. Prom a judgment for plaintiff, defendant appeals.
1Opinion of the CourtJustice Maxwell
delivered tbe opinion -of the court:
Appellee, a foreign corporation, was awarded judgment in the court below upon default.
Appellant contends that the court was without jurisdiction to render any judgment in the action, for the reason that appellee, as shown by the complaint, was a foreign corporation and non-resident of this state and no bond for costs was filed by it in said action, as required by statute.
The statute relied upon by appellant in support of this contention is § 674, Mills’ Ann. Stats., which reads as follows:
“In all cases in law and equity where the plain*290tiff, or the person…
2Cases cited1 opinion
- Keese v. City of DenverSupreme Court of Colorado · 1887
3Cited by3 opinions
- Hytken v. WakeColorado Court of Appeals · 2002
- Nguyen v. Swedish Medical CenterColorado Court of Appeals · 1995
- National Distillers Products Corp. v. HindechDistrict Court, D. Colorado · 1950