Dillon v. Rand
Supreme Court of Colorado
Error to Arapahoe County Cowrt. George Rand, plaintiff below, brought suit “ against Levi Dillon, Isaiah Dillon, M. F. Dillon, and other sons of said Levi Dillon and Isaiah Dillon, whose names are to plaintiff unknown, as Dillon Brothers, and William F. Marrs, George W. Middleton, Edward Hunter, partners as Marrs, Middleton & Hunter.” The relief sought was by judgment in personam. Hone of the defendants appear to have been served with summons.
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Error to Arapahoe County Cowrt. George Rand, plaintiff below, brought suit “ against Levi Dillon, Isaiah Dillon, M. F. Dillon, and other sons of said Levi Dillon and Isaiah Dillon, whose names are to plaintiff unknown, as Dillon Brothers, and William F. Marrs, George W. Middleton, Edward Hunter, partners as Marrs, Middleton & Hunter.” The relief sought was by judgment in personam. Hone of the defendants appear to have been served with summons. The defendants Marrs, Middleton & Hunter, however, appeared by P. L. Palmer, Esq., their attorney, and filed their answer. Subsequently, Mr. Palmer…
1Opinion of the CourtJustice Elliott
It is well settled that the authority of an attorney to appear for a party to an action in a court of record may be controverted while the action is pending, and probably at any time before the expiration of the period in which the court may grant relief under section 75 of the code. The *375question of such authority may be raised upon due notice by sworn petition, or by motion supported by affidavit; and, if an issue be made upon such petition or motion, the same may be tried and determined by or under direction, of the court as other issues of iact. Ordinarily, such issue may be tried and…
2Cases cited3 opinions
- Chivington v. Colorado Springs Co.Supreme Court of Colorado · 1886
- Williams v. Uncompahgre Canal Co.Supreme Court of Colorado · 1889
- Atchison, Topeka & Santa Fe R. R. v. NichollsSupreme Court of Colorado · 1884
3Cited by9 opinions
- Bonnifield v. ThorpDistrict Court, D. Alaska · 1896
- Naderhoff v. Geo. Benz & SonsNorth Dakota Supreme Court · 1913
- Sanders v. Milford Auto Co.Utah Supreme Court · 1923
- McDermett v. RosenbaumColorado Court of Appeals · 1899
- Fleming v. Boulevard Highlands Improvement Co.Colorado Court of Appeals · 1898
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