757 P.2d 154 | Colo. Ct. App. | 1988
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.
Under such circumstances, we presume that, by applying the clear and convincing standard of proof in both Craig and Buck-miller subsequent to the enactment of § 13-25-127(1), our supreme court was cognizant of that statute, but specifically chose to maintain as a matter of procedure, the higher quantum of proof, developed at common law, in proceedings to set aside default judgments.
Accordingly, the judgment of the trial court is affirmed.