Schtul v. Christ, 17537
| Decision Date | 12 September 1955 |
| Docket Number | No. 17537,17537 |
| Citation | 287 P.2d 661,132 Colo. 293 |
| Parties | Morris SCHTUL, Plaintiff in Error, v. Peter N. CHRIST, Defendant in Error. |
| Court | Colorado Supreme Court |
James E. Griffith, Philip Hornbein, Denver, for plaintiff in error.
Earl J. Hower, Harold H. Harrison, Denver, for defendant in error.
Before ALTER, C. J., and MOORE, HOLLAND, CLARK, LINDSLEY, BRADFIELD and KNAUSS, JJ.
This is a proceeding to review the action of the district court of Adams County in setting aside a default and judgment previously entered for plaintiff against the defendant. In the trial court the plaintiff in error was plaintiff and the defendant in error was defendant.
The plaintiff Schtul leased lands in Adams County to the defendant, Christ, by a written instrument containing certain covenants.
On November 17, 1953 plaintiff filed suit in the district court of Adams County against defendant for damages for alleged breaches of the lease covenants. After service of summons, the defendant failing to appear, a default was entered against defendant on December 28, 1953. On January 18, 1954 the court heard evidence and entered a default judgment for plaintiff against defendant for $7,000.
On May 20, 1954 defendant Christ filed his motion to quash the service of the summons; the court found the service of summons was valid and denied the motion to quash. On June 1, 1954 defendant Christ filed his verified motion to set aside the default entered December 28, 1953 and the judgment entered January 18, 1954 specifying grounds therefor. On June 21, 1954 the court granted defendant's motion and set aside the default and judgment previously entered and granted defendant twenty days to file his answer. The plaintiff Schtul brings this writ of error to review the action of the trial court in granting the defendant's motion and setting aside the default and judgment.
As grounds for reversal plaintiff urges:
1. The trial court abused its discretion in setting aside the default entered December 28, 1953 and the judgment entered January 18, 1954 in that:
a. Defendant has shown no excusable neglect or other ground for failure to appear in the case before default and judgment were taken.
b. The defendant has made no showing that he has a meritorious defense.
c. The defendant wasn't diligent in seeking to set aside the default and judgment as required.
The order of the trial court in setting aside its former...
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Broyles v. Fort Lyon Canal Co.
...v. District Court, 165 Colo. 445, 439 P.2d 340 (1968); Westerkamp v. Westerkamp, 155 Colo. 534, 395 P.2d 737 (1964); Schtul v. Christ, 132 Colo. 293, 287 P.2d 661 (1955). Such an order merely sets the stage for further proceedings. Every ruling or order made in the progress of an on-going p......
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Hait v. Miller
...the absence of a final judgment has not been raised by any of the parties, we are required to take notice thereof. Schtul v. Christ, 132 Colo. 293, 287 P.2d 661 (1955). There is no order dismissing or otherwise disposing the claim against the appellee Dolan, nor is there any order entered i......
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Garcia v. Thompson, 18050
...error will not lie. We deem it unnecessary to cite the many authorities in this state which so hold, we merely refer to Schtul v. Christ, 132 Colo. 293, 287 P.2d 661. Accordingly the writ of error is ...
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THE COLORADO APPELLATE RULES
...order of a trial court in setting aside its former judgment is not a final judgment; therefore, an appeal is premature. Schtul v. Christ, 132 Colo. 293, 287 P.2d 661 (1955). An appeal may not be taken from an order of the trial court vacating a judgment since that order is not a final judgm......
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Rule 1 SCOPE OF RULES.
...order of a trial court in setting aside its former judgment is not a final judgment; therefore, an appeal is premature. Schtul v. Christ, 132 Colo. 293, 287 P.2d 661 (1955). An appeal may not be taken from an order of the trial court vacating a judgment since that order is not a final judgm......
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Setting Aside Default Judgments
...571, 151 P. 432 (1915); F & S Constr. Co. v. Christlieb, supra, note 13. 20. Higgins v. Brown, 6 Colo. 148 (1882); Schtul v. Christ, 132 Colo. 293, 287 P.2d 661 (1955); Thomas v. Thomas, 10 Colo. App. 170, 50 P. 211 (1897); see generally 8 A.L.R. 3d 1272 (1966). 21. General Aluminum Corp. v......