[Download] "Riss v. Air Rental Inc." by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Riss v. Air Rental Inc.
- Author : Colorado Supreme Court
- Release Date : January 16, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
In the trial court plaintiff in error, Riss, was one of two defendants in an action brought by defendant in error to recover $1,185.45 for supplies and materials sold and delivered to Wycol Minerals, Inc., and Riss and each of them. We refer to the parties as they appeared in the trial court. Summons was issued and return made by the sheriff showing service on defendant Riss on November 18, 1955. Service on the corporate defendant was had on November 29, 1955. No appearance was entered by either defendant and default judgment was entered against them on December 21, 1955. On March 16, 1956, Riss filed a motion supported by affidavit to vacate the judgment against him, alleging that he had never been served with process in the action and that he "has a meritorious defense to the cause of action alleged by plaintiff in the complaint in that this defendant did at no time enter into any contract for any service with the plaintiff; that the statement of account herein that this affiant has procured shows that the account was incurred with Wycol Minerals, Inc., suite 505, Riss Building, Kansas City, Missouri, and in no way shows any claim for any services against this affiant; and that this affiant and defendant is not in any way indebted to the plaintiff herein." (Emphasis supplied.)