Kelly v. Pennington

The plaintiff Kelly brought an action in the Denver District Court against Harley L. Pennington and George N. Gibbs on their joint promissory note given to Kelly as payee. Both Pennington and Gibbs were and are residents of the state of Nebraska. Service of summons was had on the defendant Pennington in this state and the case was brought to issue. The defendant Pennington and his counsel induced Gibbs to come to Colorado from the state of Nebraska for the purpose of testifying at the trial in Denver. After Gibbs arrived in Denver Pennington caused service of a subpoena to be made upon Gibbs…