Yentzer v. Thayer
Supreme Court of Colorado
Appeal from County Court, Summit County. Suit was begun before a justice of the peace by plaintiffs upon the account in controversy. Summons issued and was duly served. Prior to the hour named in the summons for her appearance, default and judgment were entered against defendant. On the succeeding day, plaintiffs caused a new summons to be issued by the same justice, and defendant was a second time sued, and duly served with process for the same asserted debt.
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Appeal from County Court, Summit County. Suit was begun before a justice of the peace by plaintiffs upon the account in controversy. Summons issued and was duly served. Prior to the hour named in the summons for her appearance, default and judgment were entered against defendant. On the succeeding day, plaintiffs caused a new summons to be issued by the same justice, and defendant was a second time sued, and duly served with process for the same asserted debt. On the return day of the second summons, defendant appeared, a trial of the cause was had upon the merits, and judgment again rendered…
1Opinion of the CourtHelm, J.
The evidence before us fully warranted the finding and judgment of the court below.
The remaining objection here urged by counsel rests upon the refusal of the county court to abate the action on the ground of a former suit pending. Defendant was entitled to be heard at the time specified in the first summons issued, and entering default and judgment against her before that time, in the absence of herself and counsel, was a proceeding as completely beyond the jurisdiction of the justice as though the process had never been served. The denial to her, in this way, of her right to appear, was,…
2Cases cited2 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Howard v. ClarkSupreme Court of Missouri · 1869
3Cited by6 opinions
- McCaffrey v. MitchellSupreme Court of Colorado · 1936
- McDonald v. HallicyColorado Court of Appeals · 1892
- Ware v. MosherSupreme Court of Colorado · 1912
- Gray v. HallCalifornia Supreme Court · 1928
- McCaffrey v. MitchellSupreme Court of Colorado · 1936
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