Lucas v. District Court

I respectfully dissent from the majority opinion and in addition to the matters set forth in Mr. Justice Sutton’s dissenting opinion, in which I join, wish to point out the following reasons for my dissent.

At the time of the commencement of this action, an original proceeding before this court, there was pending in the District Court of Pueblo County an action, No. 39,428, wherein Mary V. Lucas and William E. Lucas, Sr., were plaintiffs and George K. Moore and Grace Elaine Moore, not parties to this proceeding, were defendants. In Action No. 39,428 the plaintiffs had demanded information from…