Philbrick v. Conejos County State Bank
Supreme Court of Colorado
Action to set aside judgment. Judgment for defendant. On Application for Supersedeas. Error to the District Court of Rio Grande County, Hon. Jesse C. Wiley, Judge.
1Opinion of the CourtJustice Burke
Plaintiff in error sues out this writ to review the action of the trial court in denying his motion to set aside a judgment obtained against him by defendant in error, the basis of which was a judgment note, and asks the issuance of a supersedeas. The parties are hereinafter designated as in the original complaint.
The judgment from which defendant seeks relief was entered March 3, 1921; his appearance in the cause was by counsel under general power contained in the note; his motion to vacate was filed June 3, 1921, supported by an affidavit of merits alleging fraud; he makes no attempt to…
2Cases cited4 opinions
- Dubois v. ClarkColorado Court of Appeals · 1898
- Richards v. First National BankSupreme Court of Colorado · 1915
- Hollingsworth v. RingColorado Court of Appeals · 1914
- Hille v. EvansSupreme Court of Colorado · 1920
3Cited by3 opinions
- Lucero v. SmithSupreme Court of Colorado · 1942
- Sullivan v. International Harvester Co. of AmericaSupreme Court of Colorado · 1929
- Parham v. JohnsonSupreme Court of Colorado · 1930