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70 Colo. 219

Mitchell v. Liggett

Supreme Court of Colorado

Decided June 6, 1921

Supreme Court of Colorado · decided 1921-06-06

<p>Action based on judgment of a foreign state. Demurrer to complaint sustained.</p> <p> Error to the District Court of El Paso County, Hon. Arthur Cornforth, Judge. </p>

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1921-06-06

How this case has been cited

Cited by 3 later decisions — most recently April 1956

3 state decisions

101921193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Denison

¶1delivered the opinion of the court.

¶2Plaintiffs in error brought suit below upon a Missouri judgment; a demurrer to their complaint was sustained and they bring error.

¶3The present suit was begun September 6th, 1919. It appeared in the complaint that the judgment upon which it was based was rendered in Missouri September 27tji, 1909. The defendant demurred, relying on E. S. 1908 § 4076,

“It shall be lawful for any person against whom an action shall be commenced in any court of this state, … upon a judgment … rendered … without this state, more than six years before the commencement of the action in this state, to plead the same in bar of the action in this state.”

¶4The plaintiff claims that the Missouri statute, which he says is ten years, ought to govern this case and that the Colorado statute, in attempting to substitute six years, violates the full faith and credit clause of the Federal constitution ; we cannot determine this question, however, because the record does not show what the Missouri statute is, and we cannot take judicial notice of it.

¶5Judgment affirmed.

¶6Mr. Justice Teller, sitting for Mr. Chief Justice Scott, and Mr. Justice Whitford concur.

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