Fisher v. Greene
Supreme Court of Colorado
Error to District Cowrt of Arapahoe County. Greene, the defendant in error, commenced his action in the district court, founded upon a judgment obtained in the Superior Court of Cook county, in the State of Illinois.
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Error to District Cowrt of Arapahoe County. Greene, the defendant in error, commenced his action in the district court, founded upon a judgment obtained in the Superior Court of Cook county, in the State of Illinois. The plaintiff in error filed his answer and cross-complaint as follows : For a defense and cross-complaint, the said defendant alleges and shows to the court that the said plaintiff, on or about the 19th day of May, A. D. 1877, commenced a suit in assumpsit against this defendant in the Superior Court of Cook county, in the State of Illinois, and upon the same day, while this…
1Opinion of the CourtElbert, C. J.
This is an action on a judgment obtained by Greene against Fisher, in the Superior Court of Cook county, Illinois, February 10, 1879, for $10,079.14.
The only question concerns the sufficiency of the defense presented by the defendant’s cross-complaint.
The cross-complaint is in the nature of a bill to enjoin the collection of a judgment at law.
The relief asked is, that the defendant be permitted “to show that said four notes, upon which said judgment was rendered, were paid, satisfied and discharged long before said judgment was rendered,” and that said plaintiff be enjoined from collecting…
2Cited by3 opinions
- Van Buren v. PosteraroSupreme Court of Colorado · 1909
- Rogers v. BruceSupreme Court of Colorado · 1920
- Wagner v. JohnsonSupreme Court of Colorado · 1926