S. M. Kirbens, Assignee v. Harvey Wodis

CASTLE, Circuit Judge.

This diversity action was brought in the District Court by S. M. Kirbens, as assignee, plaintiff-appellee, to recover on a judgment taken by confession on warrant of attorney against Harvey Wodis, defendant-appellant, and one Joseph Hochman in a Denver, Colorado, state court. Defendant’s answer averred, among other things, that he was not and never had been a resident of Colorado, that he was not personally served with process in Colorado, that the Colorado court had no jurisdiction over him, and the purported judgment was null and void. Both parties filed motions for…