Brennan v. Grover, 21678
| Decision Date | 02 August 1965 |
| Docket Number | No. 21678,21678 |
| Citation | 158 Colo. 66,404 P.2d 544 |
| Parties | Joseph M. BRENNAN, Plaintiff in Error, v. Charles E. GROVER and John E. Gorsuch, each individually, or jointly, or as agents, or partners in the Denver, Colorado law firm d/b as Gorsuch, Kirgis, Campbell, Walker & Grover, and John Doe, John Roe, Jone Doe, Jane Roe, and John and Jane Roe's unknown at the present time, Defendants in Error. |
| Court | Colorado Supreme Court |
Joseph M. Brennan, pro se.
Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, pro se, and for other defendants in error.
C. E. Eckerman, Charles E. Grover, Denver, for Gorsuch, Kirgis, Campbell, Walker & Grover.
Plaintiff in error, Brennan, plaintiff in the trial court, seeks relief in a pro se appearance by writ of error from a dismissal on motion of his complaint in which he sought to replevy certain corporate stock certificates from the defendants in error.
On previous occasions Brennan unsuccessfully litigated title to certain stock certificates in the Rock Wool Insulating Company in both the Colorado State and United States Courts of Colorado. His present contention, however, in essence is that he can maintain an action in replevin for the stock against certain of the attorneys of the parties previously sued as well as against several unknown persons. He claims, among other things, that the dismissal of his complaint on motion denies him due process of law; and, he further alleges that the trial court could not properly consider the results of other independent actions wherein it was determined Brennan had no title to the stock in question. We note that none of the parties previously held to be owners of the stock is named as a party defendant in this action.
One difficulty with Brennan's briefs and argument here is that none of his cited authorities applies to the facts of this case for reasons that hereinafter appear.
In Brennan v. City and County of Denver, et al., Colo., 397 P.2d 876 (1964) in regard to Brennan's claim of ownership of the certificates in question we stated in part:
Preceding the instant action in the District Court of the City and County of Denver, in a separate case (Civil Action No. B-45641) decided June 24, 1963, it appears that it was determined that Brennan had no interest in the Rock Wool Insulating Company 'and that the Defendants (one of whom was Brennan) be and they hereby are enjoined from making any such claim.' Nevertheless, Brennan proceeded by this District Court action in replevin (Civil Action No. B-76366), to sue the attorneys of the parties in Case No. B-45641 and was later found in contempt of court in so doing. His thirty day jail sentence was indefinitely postponed on condition that he desist in his actions and dismiss No. B-76366--this replevin action. This he has refused to do.
Obviously, the current suit is an unwarranted collateral attack upon the judgment in Civil Action No. B-45641 ...
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...to avoid, defeat or evade it, or deny its force and effect, in some incidental proceeding not provided by law.' " Brennan v. Grover, 158 Colo. 66, 69, 404 P.2d 544, 546 (1965) (quoting 49 C.J.S., Judgments § 408(b) (1947)); see also Black's Law Dictionary 237 (5th ed. 1979). 5 Whereas a suc......
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...a judgment entered within the jurisdiction of the court, even though wrong, is not subject to collateral attack. Brennan v. Grover, 158 Colo. 66, 404 P.2d 544 (1965), cert. denied, 383 U.S. 926, 86 S.Ct. 929, 15 L.Ed.2d 845 (1966). AZL's assertion that the resume notice was defective becaus......
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...supra, note 13 at 1101 n.17 with, Waits v. People, 724 P.2d 1329, 1336 (Colo. 1986) and Bales, supra, note 12. 16. Brennan v. Grover, 404 P.2d 544, 546 (Colo. 1965); Altergott v. Yeager 543 P.2d 1293, 1296 (Colo. 1975); see, Black's Law Dictionary at 236 (5th ed. 1979). See also, People v. ......