HENRITZE v. BORDEN COMPANY

No. 21757.

432 P.2d 2 (1967)

T. W. HENRITZE, Plaintiff in Error, v. The BORDEN COMPANY, Defendant in Error.

Supreme Court of Colorado, In Department.

October 2, 1967.


Attorney(s) appearing for the Case

Grant, Shafroth, Toll & McHendrie, Donald M. Burkhardt, Denver, for plaintiff in error.

Donald K. Bain, Holme, Roberts, More & Owen, Denver, for defendant in error.


HODGES, Justice.

Henritze's motion to set aside a judgment entered pursuant to the terms of a cognovit note was denied. Henritze contends the trial court erred because his motion was sufficient to require the court to vacate the judgment.

When a motion to vacate a judgment is made, in accordance with R.C.P.Colo. 60(b), it must allege a defense which is prima facie meritorious; and also, it must be stated with such particularity that the court can see that...

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