Legal Opinion

Vallero v. Camilla

Supreme Court of Colorado

Decided April 15, 1912No. 7216PublishedCited by 1 opinion

Error to Denver District Court. — Plaintiff in error brought suit against defendant in error the sole purpose of which was to enjoin the latter from selling, under an execution on a judgment obtained against her husband, real estate which she claims belonged .to her. On filing the complaint a temporary injunction was issued. After the issues were made up, the defendants filed a motion to dissolve the temporary writ.

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Error to Denver District Court. — Plaintiff in error brought suit against defendant in error the sole purpose of which was to enjoin the latter from selling, under an execution on a judgment obtained against her husband, real estate which she claims belonged .to her. On filing the complaint a temporary injunction was issued. After the issues were made up, the defendants filed a motion to dissolve the temporary writ. The record recites, in substance, that the cause was heard upon motion to- dissolve the- temporary injunction granted, and the court having heard the evidence introduced by the…

1Opinion of the CourtJustice Gabbert

The hearing was solely upon a motion to dissolve the temporary injunction. For this reason, it was error to- dismiss the bill, although the showing made justified the dissolution of the temporary writ, as plaintiff still had -the right to a trial of the cause upon its merits, and to such relief as the case then made warranted. — Spar Con. M. Co. v. Casserleigh, 34 Colo. 454.

*313On behalf of defendants in error, it is asserted that the complaint does not state a cause of action. Conceding, but not deciding, that this is correct, the defect of the complaint in this respect may have justified the…

2Cases cited1 opinion

  1. Spar Consolidated Mining Co. v. CasserleighSupreme Court of Colorado · 1905

3Cited by1 opinion

  1. Norris v. City of LawtonSupreme Court of Oklahoma · 1915

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