Munson v. Luxford

On Petition for Rehearing.

Mr. Justice Hilliard.

I agree with the order of denial of the petition for rehearing, but I am not content to rest my judgment wholly on the reasoning of the opinion. Vick, Roy v. Morgan, 62 Colo. 122, 160 Pac. 1030, is distinguishable. There, as here, the respondent in the estate citation claimed title to the funds said to belong to the estate, but unlike the procedure adopted by the county court, in probate, in the present case, the court there, sitting' in probate, heard evidence on the issue and made determination. On error, prosecuted directly from that judgment,…