Woodward v. Molander

Full title: ESTATE OF KINSELLA. WOODWARD, ADMINISTRATOR v. MOLANDER

Court: Supreme Court of Colorado. En Banc

Date published: May 1, 1933

22 P.2d 624 (Colo. 1933)

22 P.2d 624

Opinion

No. 13,007.

Decided May 1, 1933. Rehearing denied May 29, 1933.

Proceeding for allowance of claim against estate of deceased person, based on a judgment. Claim allowed.

Reversed.

1. APPEAL AND ERROR — Executors and Administrators — Claims. Allowance of a claim against the estate of a deceased person, based on a void judgment, reversed on review.

Error to the District Court of Weld County, Hon. Claude C. Coffin, Judge.

Mr. CLAY R. APPLE, Mr. E. T. SNYDER, for plaintiff in error.

Mr. A. X. ERICKSON, Mr. EMORY L. O'CONNELL, for defendant in error.

MR. JUSTICE HILLIARD delivered the opinion of the court.

BASED on the judgment of the district court in Woodward, Administrator v. Molander, 92 Colo. 551, 22 P.2d 622, this day reversed, Molander exhibited a claim in the Weld county court against the Kinsella estate, there in the course of administration. The county court rejected the claim, but on appeal the district court ordered its allowance. Since by our determination the original judgment no longer obtains, it follows that the judgment here must be reversed. Let it be so ordered.

MR. JUSTICE CAMPBELL and MR. JUSTICE MOORE not participating.