Swem v. Newell
Supreme Court of Colorado
Jfirror to the County Court of Arapahoe County. Metta S. Newell, the plaintiff below, as the sole heir of Henry Sparnick, deceased, instituted this action in the county court of Arapahoe county to recover from James M. Swem and J. T. Younker, the defendants below, upon a certain promissory note.
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Jfirror to the County Court of Arapahoe County. Metta S. Newell, the plaintiff below, as the sole heir of Henry Sparnick, deceased, instituted this action in the county court of Arapahoe county to recover from James M. Swem and J. T. Younker, the defendants below, upon a certain promissory note. Her complaint is in substance as follows : That on the 28th day of April, 1883, the defendants, together with Henry Sparnick, now deceased, by their promissory note promised to pay to the order of Robert A. Young $300, sixty days after date. That the said Robert Young sold and delivered said note to…
1Opinion of the CourtJustice Goddaed
It is urged on the part of Swem that the summons served was insufficient to confer jurisdiction upon the court to enter a judgment by default against him, for the reason that it contains no statement of the nature of the action. This objection is without merit. By the express provisions of section 34, Code of 1887, in force at the time this action was commenced, a summons need not contain such statement if a copy of the complaint was served therewith; and by section 35 the form of summons that may be used in case a copy of the complaint is served, is prescribed. The summons in this case is in…
2Cases cited4 opinions
- New Bedford Institution for Savings v. HathawayMassachusetts Supreme Judicial Court · 1883
- Fitch v. HammerSupreme Court of Colorado · 1892
- Sprague v. AinsworthSupreme Court of Vermont · 1867
- Lenoir v. MooreMississippi Supreme Court · 1883
3Cited by3 opinions
- Walker v. Chicago, Madison & Northern RailroadIllinois Supreme Court · 1917
- Chappell v. McKeoughSupreme Court of Colorado · 1895
- Walker v. Chicago, Madison & Northern RailroadAppellate Court of Illinois · 1916