Legal Opinion
McGinnis v. Hukill
Supreme Court of Colorado
Decided June 5, 1922No. 10,130PublishedCited by 3 opinions
Action on promissory note. Judgment for defendant. Error to the District Court of Yuma County, Hon. L. C. Stephenson, Judge.
1Opinion of the CourtJustice Allen
This is an action upon a promissory note. A judgment was entered for plaintiff, the holder, without service of process upon, or appearance of, the defendant, the maker of the note. The judgment was taken upon a waiver of service and a confession of judgment contained in, and as a part of, the note. The defendant in apt time filed a motion to set aside the judgment, and supported it with affidavits which showed a prima facie case of a defense on the merits. The motion was sustained. It was properly sustained. Ferguson v. Farmers State Bank, 67 Colo. 184, 184 Pac. 370; Richards v. First…
2Cases cited3 opinions
- Richards v. First National BankSupreme Court of Colorado · 1915
- Ferguson v. Farmers State BankSupreme Court of Colorado · 1919
- Cozart v. HainesSupreme Court of Colorado · 1920
3Cited by3 opinions
- Commercial Credit Co. v. CalkinsSupreme Court of Colorado · 1925
- Mitchell v. MillerSupreme Court of Colorado · 1927
- E. Rosenwald & Son v. BacaNew Mexico Supreme Court · 1922