Womack v. Grandbush

This writ of error is directed to a judgment of dismissal of plaintiff’s petition based upon the provisions of Rule 106 (a) (5) R.C.P. Colo., which is as follows:

“When judgment is recovered against one or more of several persons jointly indebted upon an obligation, and it is desired to proceed against the persons not originally served with the summons who did not appear in the action. Such persons may be cited’to show cause why they should not be bound by the judgment in the same manner as though they had been originally served with the summons, and in his answer any such person may set up…