Bateman v. Reitler
Supreme Court of Colorado
Error to the District Court of Arapahoe County. Action to set aside administrator’s sale and for other relief. . Judgment for defendant upon demurrer to the complaint. Plaintiff brings error.
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Error to the District Court of Arapahoe County. Action to set aside administrator’s sale and for other relief. . Judgment for defendant upon demurrer to the complaint. Plaintiff brings error. The plaintiff in her complaint alleges, inter alia, that on the 9th day of November, 1884, in the county of Jefferson, state of Colorado, Robert Standring died seized and possessed of an undivided one half interest in certain real and personal property; that the said Standring left surviving him as his sole heir his wife, Maria Standring; that shortly after the decease of Robert Standring and on the same…
1Opinion of the CourtChief Justice Hayt
This is a collateral as distinguished from a direct proceeding by appeal or writ of error attacking the judgments or orders of sale of the county court of Jefferson county, a court of general jurisdiction and having particularly in charge the administration of estates.
If the court administering upon the estates had jurisdiction of the subject-matter and of the parties, its orders and judgments are not open to attack in this proceeding. Moreover, even where the attack is direct upon appeal or writ of error “ Public policy and common justice require that judgments of courts of record of long…
2Cases cited5 opinions
- Great West Min. Co. v. Woodmas of Alston Min. Co.Supreme Court of Colorado · 1890
- Haynes v. MeeksCalifornia Supreme Court · 1862
- Dunne v. StotesburySupreme Court of Colorado · 1891
- Ford v. LoomisMichigan Supreme Court · 1876
- Sloan v. StricklerSupreme Court of Colorado · 1888
3Cited by11 opinions
- Kavanagh v. HamiltonSupreme Court of Colorado · 1912
- Woodruff v. WilliamsSupreme Court of Colorado · 1905
- Pinnacle Gold Mining Co. v. PopstSupreme Court of Colorado · 1913
- Bloomer v. JonesColorado Court of Appeals · 1912
- Pershing v. WolfeColorado Court of Appeals · 1895
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