Legal Opinion · Dissent

Colorado Cent. R. v. Allen

Supreme Court of Colorado

Decided September 15, 1889Published

Appeal from Larimer County Court. On rehearing.

1DissentJustice Hayt

I am reluctantly constrained to dissent from some of the positions taken by the majority of the qourt, and also from the judgment of reversal.

The statute requiring a husband to be made a party in *239case the proceedings seek to affect the property of a married woman was not complied with in the original proceedings, and the petition was also radically defective on account of the failure to allege either the value of the property in controversy, or the amount involved in the action. The county court was therefore without jurisdiction, and these proceedings were consequently void. Gen. Laws 1877,…

2Cases cited5 opinions

  1. Denver City Irrigation & Water Co. v. MiddaughSupreme Court of Colorado · 1889
  2. Milwaukee & Northern Railroad v. StrangeWisconsin Supreme Court · 1885
  3. Knoth v. BarclaySupreme Court of Colorado · 1885
  4. Denver, Western & Pacific R'y Co. v. ChurchSupreme Court of Colorado · 1883
  5. G. B. & L. R'y Co. v. HaggartSupreme Court of Colorado · 1886

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