Fleming v. Breitner

Supreme Court of Colorado

Fleming v. Breitner

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

CourtSupreme Court of Colorado

DecidedJanuary 10, 1927

DocketNo. 11,509.

StatusPublished

This text of 252 P. 343 (Fleming v. Breitner) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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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