Legal Opinion

Smith v. Morrill

Colorado Court of Appeals

Decided September 15, 1898No. 1481PublishedCited by 29 opinions

Error to the District Court of Jefferson County.

1Opinion of the CourtWilson, J.

This is a proceeding in equity seeking to perpetually enjoin proceedings against plaintiff (the plaintiff in error), under a judgment claimed to be void by reason of want of service of summons or other process upon her. The material facts as set forth in the complaint, are that on December 15, 1892, judgment by default was rendered against this plaintiff and others in favor of defendant Morrill by the district court of Clear Creek county in an action of debt therein pending, wherein Morrill was plaintiff, and this plaintiff and others were defendants ; that no service of summons or other…

2Cases cited10 opinions

  1. Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
  2. Morrill v. MorrillOregon Supreme Court · 1890
  3. Wilson v. HawthorneSupreme Court of Colorado · 1890
  4. Fletcher & Gerelds v. StowellSupreme Court of Colorado · 1891
  5. Wharton v. HarlanCalifornia Supreme Court · 1886

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3Cited by29 opinions

  1. Brown v. TrentSupreme Court of Oklahoma · 1912
  2. Skipper v. SchumacherSupreme Court of Florida · 1936
  3. Kirby v. Union Pacific Railway Co.Supreme Court of Colorado · 1911
  4. Kavanagh v. HamiltonSupreme Court of Colorado · 1912
  5. Mortgage Trust Co. of Pennsylvania v. ReddSupreme Court of Colorado · 1906

24 more not listed; retrieve them via the Exa API.

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