Vallero v. Camilla
Supreme Court of Colorado
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
- Spar Consolidated Mining Co. v. CasserleighSupreme Court of Colorado · 1905
3Cited by1 opinion
- Norris v. City of LawtonSupreme Court of Oklahoma · 1915