Ellsberry v. Block
Supreme Court of Colorado
Error to the District Court of Arapahoe County. This action was commenced by defendants in error against plaintiff in error and Robert E. Ellsberry, as co-partners, upon certain promissory notes executed by them, under the firm name of Ellsberry Brothers. Summons was issued and served upon Robert E. Ellsberry alone, the sheriff returning that he had been unable to find Thomas Ellsberry in the county of Arapahoe. Judgment was taken against Robert E. Ellsberry only by default.
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Error to the District Court of Arapahoe County. This action was commenced by defendants in error against plaintiff in error and Robert E. Ellsberry, as co-partners, upon certain promissory notes executed by them, under the firm name of Ellsberry Brothers. Summons was issued and served upon Robert E. Ellsberry alone, the sheriff returning that he had been unable to find Thomas Ellsberry in the county of Arapahoe. Judgment was taken against Robert E. Ellsberry only by default. Thereafter an affidavit was filed by one of the attorneys for plaintiffs, stating, in effect, that service of summons…
1Opinion of the CourtJustice G-abbert
The proceedings in this case are evidently intended to be based upon the provisions of the joint debtor act. That act provides —Secs. 235-240, inclusive, of Code — that when a judgment is recovered against one or more of'several persons jointly indebted upon an obligation by proceedings as provided in this act, those not served with summons and who did not appear in the action may be cited to show cause why they should not be bound by the judgment to the same extent as though they had been served with process. Such citation shall describe the judgment and require the person to whom it is…
2Cases cited2 opinions
- Craig v. SmithSupreme Court of Colorado · 1887
- Dessauer v. KoppinColorado Court of Appeals · 1893
3Cited by8 opinions
- L. C. Jones Trucking Co. v. Superior Oil Co.Wyoming Supreme Court · 1951
- Denver National Bank v. GrimesSupreme Court of Colorado · 1935
- Blythe v. CordinglyColorado Court of Appeals · 1905
- Grogan v. HerringtonCourt of Appeals of Georgia · 1949
- Lowell Staats Mining Co. v. Philadelphia Electric Co.District Court, D. Colorado · 1987
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