Legal Opinion

Marr v. Wetzel

Supreme Court of Colorado

Decided February 15, 1876PublishedCited by 12 opinions

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Error to the Probate Court of Arapahoe County. Action of debt brought in the probate court of Arapahoe county, upon a judgment recovered in the circuit court of. St. Louis county, State of Missouri, by August Wetzel against James Marr. In the court below, Marr, the plaintiff in error, moved to suppress the deposition of Louis Swain, a non-resident witness, because it did not appear by the certificate or caption that the commissioner to whom the dedimus was directed was qualified or authorized by law to take depositions to be used in the trial of causes in the courts of Colorado. Also that it…

1Opinion of the CourtHallett, C. J.

This action was founded upon the record of a judgment recovered in the State'.of Missouri. The defendant pleaded nul tiel record, nil débet, and a special plea denying that the court in Missouri had jurisdiction of his person at the date of rendering the judgment. A demurrer to the plea of nil débet was sustained, and it is contended that this ruling was erroneous. Of this, however, there is some doubt, for it was held in Mills v. Duryee, 7 Cranch, 481, that this plea could not be admitted in actions of this kind.

Later cases affirm the doctrine that the jurisdiction of the court in which the…

2Cases cited2 opinions

Thompson v. WhitmanSupreme Court of the United States · 1874
Mills v. DuryeeSupreme Court of the United States · 1813

3Cited by12 opinions

Wilson v. HawthorneSupreme Court of Colorado · 1890
Hallack v. LoftSupreme Court of Colorado · 1893
Kavanagh v. HamiltonSupreme Court of Colorado · 1912
Mortgage Trust Co. of Pennsylvania v. ReddSupreme Court of Colorado · 1906
Last Chance Mining & Milling Co. v. AmesSupreme Court of Colorado · 1896

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