Legal Opinion
Davis v. Klaes
Supreme Court of Colorado
Decided November 16, 1959No. 18950PublishedCited by 7 opinions
1Opinion of the CourtJustice Day
It is admitted in his brief that “the only ground upon which plaintiff in error Davis can prevail is that the judgment entered against him is void.”
QUESTION TO BE DETERMINED.
When a defendant, who is present in court to hear the date to which his cause has been continued for trial, fails to appear on the day of the trial, is the judgment entered upon the same day of his non-appearance subject to the three day notice requirement with respect to default as provided in R.S.P. 55 (b) (2)1
This question is answered in the negative.
The judgment to which this writ of error is directed was entered when…
2Cases cited7 opinions
- Adams & McGahey v. NeillNew Mexico Supreme Court · 1954
- Thompson v. McCormickSupreme Court of Colorado · 1959
- Geisler v. People Ex Rel. GeislerSupreme Court of Colorado · 1957
- Salter v. Board of County Com'rs of Jefferson CountySupreme Court of Colorado · 1952
- State Collection Bureau, Inc. v. RoybalNew Mexico Supreme Court · 1958
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Diebold v. Myers General Agency, Inc.Supreme Court of Arkansas · 1987
- Kielsmier v. FosterColorado Court of Appeals · 1983
- Sunshine v. RobinsonSupreme Court of Colorado · 1969
- Matter of Estate of BonfilsSupreme Court of Colorado · 1975
- People ex rel. K.J.B.Colorado Court of Appeals · 2014
2 more not listed; retrieve them via the Exa API.