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WOMACK v. GRANDBUSH

No. 17823.

298 P.2d 735 (1956)

W. O. WOMACK, Plaintiff in Error, v. Al GRANDBUSH, doing business as Interstate Livestock Company, Defendant in Error.

Supreme Court of Colorado, En Banc.

June 18, 1956.

Attorney(s) appearing for the Case

William L. Lloyd, Pueblo, for plaintiff in error.

No appearance for defendant in error.

HOLLAND, Justice.

This writ of error is directed to a judgment of dismissal of plaintiff's petition based upon the provisions of Rule 106(a)(5), R.C.P.Colo., which is as follows:

"When judgment is recovered against one or more of several persons jointly indebted upon an obligation, and it is desired to proceed against the persons not originally served with the summons who did not appear in the action. Such persons may be cited to show cause why they should...

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