Beckett v. Cuenin
Supreme Court of Colorado
Appeal from Gunnison County Court. In July, 1886, the plaintiff, Cuenin, started this case in the county court of Gunnison county, by filing in that court an undertaking and an affidavit for attachment. The summons and writ of attachment were issued. The summons recited substantially that the plaintiff demanded judgment for $1,000, with, interest, at ten per cent, from June 12,1884, for attorney’s fees amounting tó ten per cent, of the note, and. for costs of suit.
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Appeal from Gunnison County Court. In July, 1886, the plaintiff, Cuenin, started this case in the county court of Gunnison county, by filing in that court an undertaking and an affidavit for attachment. The summons and writ of attachment were issued. The summons recited substantially that the plaintiff demanded judgment for $1,000, with, interest, at ten per cent, from June 12,1884, for attorney’s fees amounting tó ten per cent, of the note, and. for costs of suit. Subsequently, and in September, the plaintiff filed an affidavit in the following words: “ Dexter T. Sapp, being duly sworn, says…
1Opinion of the Court
Bissell, C.
The errors contained in this record leave no basis upon which the judgment can be sustained. The service was made by publication, and the order therefor was entered upon the affidavit which is set forth in the statement. It is an established principle in all courts that the method of acquiring jurisdiction by publication is in derogation of the common law, and that the statutory requirements must be successively and accurately taken in order to confer upon the court jurisdiction over the defendant. This principle has been so often decided and so universally declared that it is…
Also in this document: Per curiam.
2Cases cited6 opinions
- Ricketson v. RichardsonCalifornia Supreme Court · 1864
- Young v. RosenbaumCalifornia Supreme Court · 1870
- Shields v. MillerSupreme Court of Kansas · 1872
- Atkins v. AtkinsNebraska Supreme Court · 1879
- Towsley v. McDonaldNew York Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Empire Ranch & Cattle Co. v. ColdrenSupreme Court of Colorado · 1911
- Terry v. GibsonColorado Court of Appeals · 1912
- New Haven Sand Blast Co. v. DreisbachSupreme Court of Connecticut · 1926
- State ex rel. Hopman v. Superior CourtWashington Supreme Court · 1915
- Tinn v. U.S. District AttorneyCalifornia Supreme Court · 1906
10 more not listed; retrieve them via the Exa API.