Cross v. Moffat
Supreme Court of Colorado
Error to Superior Court of Denver. David H. Moffat recovered judgment on a note against Lewis Cross and John M. Cross by confession under a warrant of attorney in the note. Subsequently the makers’ motion to set aside the judgment was overruled, and defendants bring error.
1Per curiam
Under the present practice we cannot review, by writ of error, proceedings that have taken place subsequent to final judgment. Polk v. Butterfield, 9 Colo. 325. This disposes of the alleged errors predicated upon the court’s action in refusing to vacate the judgment.
The fact that no summons was issued is unimportant. If Clise acted within the authority conferred by the warrant of attorney, and if the judgment can be sustained *211in other respects, his appearance for plaintiffs in error constituted a waiver of the issuance and service of process. This suggestion answers the argument relating to…
2Cases cited2 opinions
- Polk v. ButterfieldSupreme Court of Colorado · 1886
- Buckingham v. OrrSupreme Court of Colorado · 1883
3Cited by19 opinions
- Century Electric Service & Repair, Inc. v. StoneSupreme Court of Colorado · 1977
- Holmquist v. GilbertSupreme Court of Colorado · 1907
- First National Bank v. MockSupreme Court of Colorado · 1921
- Schmidt v. DreyerSupreme Court of Colorado · 1895
- Weaver v. LynchSupreme Court of Colorado · 1926
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