DAVIS v. KLAES

No. 18950.

346 P.2d 1018 (1959)

George E. DAVIS, Plaintiff in Error, v. John KLAES et al., Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 14, 1959.


Attorney(s) appearing for the Case

Albin Anderson, Grand Junction, for plaintiff in error.

Isaac S. Wilson, Scott & Phillips, Denver, for defendants in error.


DAY, Justice.

It is admitted in his brief that "the only ground upon which plaintiff in error Davis can prevail is that the judgment entered against him is void."

Question to Be Determined

When a defendant, who is present in court to hear the date to which his cause has been continued for trial, fails to appear on the day of the trial, is the judgment entered upon the same day of his nonappearance subject to the three day notice requirement with...

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