Clarke v. Asher
Supreme Court of Colorado
Rrror to L,a Plata District Court. — Hon. Charles A. Fike, Judge. Defendant in error commenced suit against the plaintiff in error in his official capacity, the sole purpose of which was to enjoin him from levying an execution on property of the defendant issued on a judgment rendered by the county court of Hinsdale1 county in an- action wherein the treasurer of that county was plaintiff, and the plaintiff in the present action the defendant.
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Rrror to L,a Plata District Court. — Hon. Charles A. Fike, Judge. Defendant in error commenced suit against the plaintiff in error in his official capacity, the sole purpose of which was to enjoin him from levying an execution on property of the defendant issued on a judgment rendered by the county court of Hinsdale1 county in an- action wherein the treasurer of that county was plaintiff, and the plaintiff in the present action the defendant. The complaint averred, so- far as material to notice in considering the one question we shall determine, that the action instituted by the treasurer of…
1Opinion of the CourtJustice Gabbert
The attack made upon the judgment of the county court of Hinsdale county is collateral. Where the court has jurisdiction of the parties and the subject matter in a case, its judgment, unless reversed or annulled in some proper proceeding, is not open to attack or impeachment in any collateral action or proceeding whatever. Trowbridge v. Allen, 48 Colo. 419 (421). From the averments of the complaint it appears without question that the county court of Hinsdale county had jurisdiction of the subject matter of the action instituted by *315the treasurer of Hinsdale county against the plaintiff in the…
2Cases cited4 opinions
- Venner v. Denver Union Water Co.Supreme Court of Colorado · 1907
- Trowbridge v. AllenSupreme Court of Colorado · 1910
- Steinhauer v. ColmarColorado Court of Appeals · 1898
- Camplin v. JacksonSupreme Court of Colorado · 1905
3Cited by10 opinions
- In re the Marriage of StroudSupreme Court of Colorado · 1981
- Dillingham v. SchmidtSupreme Court of Colorado · 1928
- Tekai Corp. v. Transamerica Title Ins. Co.Colorado Court of Appeals · 1977
- Neville v. BracherSupreme Court of Colorado · 1934
- Stokes v. KingsburySupreme Court of Colorado · 1917
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