Fleming v. Breitner

Supreme Court of Colorado

Fleming v. Breitner

252 P. 343, 80 Colo. 428, 1927 Colo. LEXIS 277

Supreme Court of Colorado·Decided January 10, 1927·No. No. 11,509.·Published

Opinion

Mr. Justice Denison

delivered the opinion of the .court.

Fleming brought an action against Breitner to set aside a judgment of a justice of the peace, in unlawful detainer, ousting him from the possession, of a rooming house. His bill was dismissed and he brings error..

The ground of his action was that the justice judgment was procured by fraud, but his evidence shows no fraud *429 in procuring the judgment (he was served and appeared), hut only in procuring a certain chattel mortgage which figured in the detainer case. It need not he said that the district court could not set aside a judgment on such ground.

The judgment is affirmed.

Mr. Chief Justice Allen not participating.

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Mr. Justice Denison

delivered the opinion of the .court.

Fleming brought an action against Breitner to set aside a judgment of a justice of the peace, in unlawful detainer, ousting him from the possession, of a rooming house. His bill was dismissed and he brings error..

The ground of his action was that the justice judgment was procured by fraud, but his evidence shows no fraud *429 in procuring the judgment (he was served and appeared), hut only in procuring a certain chattel mortgage which figured in the detainer case. It need not he said that the district court could not set aside a judgment on such ground.

The judgment is affirmed.

Mr. Chief Justice Allen not participating.

Fleming v. Breitner, 252 P. 343, 80 Colo. 428, 1927 Colo. LEXIS 277 (Colo. 1927).

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