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WIGGINS v. McAULIFFE

No. 19043.

356 P.2d 487 (1960)

James B. WIGGINS, Plaintiff In Error, v. Gerald E. McAULIFFE, Presiding Judge of the Municipal Court in and for the City and County of Denver and State of Colorado, Defendant in Error.

Supreme Court of Colorado, En Banc.

October 31, 1960.

Attorney(s) appearing for the Case

Wormwood, O'Dell & Wolvington, Paul D. Renner, Denver, for plaintiff in error.

Horace N. Hawkins, Jr., James P. McGruder, Denver, for defendant in error.

SUTTON, Chief Justice.

Wiggins, after receiving a summons to appear in the traffic division of the Municipal Court in the City and County of Denver, filed a complaint in the district court for relief in the nature of a writ of prohibition under Rule 106(a) (4), R.C.P. Colo. In the complaint it was alleged that the municipal court lacked jurisdiction in the matter, substantially for the following reasons:

1. The summons and complaint was defective in a material...

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