Whitmore v. Gaston
Supreme Court of Colorado
Appeal from the District Court of Teller County. Hon. William P. Seeds, Judge. Action by A. B. Whitmore and G. C. Blakey against John C. Gaston. From a judgment setting aside default judgment in favor of defendant and dismissing the action, plaintiffs appeal.
1Opinion of the CourtJustice Campbell
This is an action in support of an adverse claim filed in the United States land office. There was a default judgment in plaintiffs’ favor in April, 1901. After the expiration of the term when it was rendered, and in August of the same year, the defendant appeared specially and moved to set aside and vacate that judgment and to dismiss the cause because the court acquired no- jurisdiction of the person of the defendant, and because no summons was issued within one month after the commencement of the action or the filing of the complaint. The court sustained the motion, vacated the judgment,…
2Cases cited1 opinion
- Steves v. CarsonSupreme Court of Colorado · 1895