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SALLE v. HOWE

No. 85CA1685.

757 P.2d 154 (1988)

Paul G. SALLE, Plaintiff-Appellee, Cross-Appellant, v. William B. HOWE, d/b/a Green Mountain Cemetery, Defendant-Appellant, Cross-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 26, 1988.

Attorney(s) appearing for the Case

Lee Jay Belstock, Denver, for plaintiff-appellee, cross-appellant.

Carl F. Manthei, P.C., Carl F. Manthei, Boulder, for defendant-appellant, cross-appellee.

SMITH, Judge.

The issue presented by this appeal is whether the trial court erred when, in an action to set aside a default judgment, it required defendant to establish, by clear and convincing evidence, the validity of his contention that he had personally not been served with process. We affirm.

Our supreme court twice has addressed personally the issue of the burden of proof applicable in proceedings to set aside...

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