Wagner v. Johnson

Wagner was nonsuited, brings error, and moves for a supersedeas. The action was to enjoin execution of a justice’s judgment rendered against Wagner in favor of Mrs. Johnson for possession of certain land, for $300 damages, with $100 attorney’s fees and costs.

The plaintiff in error claims that the justice’s judgment is void for want of jurisdiction for several reasons, one of which we think is good, hut although, if a judgment is not merely voidable, but void its execution may be enjoined in equity (San Juan etc., Co. v. Finch, 6 Colo. 214; Smith v. Morrill, 12 Colo. App. 233, 241, 55 Pac.…