FITZGERALD v. DISTRICT CT. IN & FOR CO. OF ARCHULETA

No. 25307.

493 P.2d 27 (1972)

Carolyn J. FITZGERALD et al., Petitioners, v. The DISTRICT COURT IN AND FOR the COUNTY OF ARCHULETA, and The Honorable William S. Eakes, Judge Thereof, Respondents.

Supreme Court of Colorado, En Banc.

January 10, 1972.


Attorney(s) appearing for the Case

Al H. Haas, Durango, Albert M. Dreyer, Las Vegas, Nev., for petitioners.

E. B. Hamilton, Hamilton, Hamilton & Shand, Durango, for respondents.


HODGES, Justice.

This is an original proceeding wherein a writ of prohibition was sought in this court to prohibit the respondents from enforcing a certain default judgment against the petitioners, and to command the respondents to vacate that certain default judgment and set the case for trial on its merits. This court issued an order on the respondents to show cause why the relief sought should not be granted. The respondents have now answered. Upon review, we conclude...

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