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PRATHER v. DISTRICT COURT

No. 18630.

328 P.2d 111 (1958)

James H. PRATHER and Palmer E. Weller, Petitioners, v. The DISTRICT COURT OF The EIGHTH JUDICIAL DISTRICT IN AND FOR The COUNTY OF WELD, State of Colorado; Hugh B. Hitchcock and Maxine V. Hitchcock, Respondents.

Supreme Court of Colorado, En Banc.

July 21, 1958.

Attorney(s) appearing for the Case

Vincent Cristiano, Arthur M. Schwartz, Robert Bugdanowitz, Denver, for petitioners.

Karl R. Ahlborn, Greeley, for respondents Hitchcock.

Robert G. Smith, Greeley, for respondent District Court.

MOORE, Justice.

This is an original proceeding in the nature of prohibition. The parties will be referred to as they appeared in the action out of which this proceeding arises, i. e., petitioners here will be referred to as defendants and the respondents Hugh B. and Maxine V. Hitchcock will be referred to as plaintiffs.

Plaintiffs brought an action in the district court of Weld county on December 16, 1957, to obtain judgment for the balance alleged to be due...

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