Miller v. Owens
Supreme Court of Colorado
Error to Bio Blanco District Court. — Hon. John T. Shumate, Judge. Plaintiff in error commenced an action in equity to annul and set aside what was alleged to be a voidable judgment rendered against him and in favor of Hugh R. Owens, since deceased. His right to this relief was based upon the ground that the district court of Bio Blanco County, in which the judgment was rendered, was without jurisdiction to render it.
Read the full summary
Error to Bio Blanco District Court. — Hon. John T. Shumate, Judge. Plaintiff in error commenced an action in equity to annul and set aside what was alleged to be a voidable judgment rendered against him and in favor of Hugh R. Owens, since deceased. His right to this relief was based upon the ground that the district court of Bio Blanco County, in which the judgment was rendered, was without jurisdiction to render it. The allegations of the complaint relied upon to establish this want of jurisdiction are to the effect that Owens, in his lifetime, commenced an action aaginst plaintiff in the…
1Opinion of the CourtJustice G-abbert
The judgment of the district court is right. It fairly appears from the pleadings that the very question upon which plaintiff relied to establish want of jurisdiction of the district court was presented to that tribunal in the action in which the judgment complained of was rendered, and ruled on adversely to his contention. This ruling is res judicata of the question which plaintiff now seeks to raise in the case at bar, and can only be reviewed on appeal or error from the judgment in the action in which this ruling was made.—McCord v. McCord, 24 Wash., 529, 64 Pac. 748; Hyatt v. Bates, 35…
2Cases cited5 opinions
- McCord v. McCordWashington Supreme Court · 1901
- Hyatt v. BatesNew York Supreme Court · 1861
- Henion v. PohlAppellate Court of Illinois · 1904
- Hoover v. BartlettOregon Supreme Court · 1902
- Flanneken v. WrightMississippi Supreme Court · 1886
3Cited by2 opinions
- Mishkin v. YoungColorado Court of Appeals · 2008
- Winslow v. WilliamsColorado Court of Appeals · 1987