Bassett v. Inman
Supreme Court of Colorado
Error to County Court of Saguache County. Bassett, the plaintiff in error, commenced his action in attachment, against the defendant in error, before a justice of the peace of Saguache county, upon a promissory note alleged to have been executed and delivered by defendant in error to one Roney, and by the latter assigned to plaintiff in error; also, upon an account due from defendant in error to one Fry, and assigned to plaintiff in error.
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Error to County Court of Saguache County. Bassett, the plaintiff in error, commenced his action in attachment, against the defendant in error, before a justice of the peace of Saguache county, upon a promissory note alleged to have been executed and delivered by defendant in error to one Roney, and by the latter assigned to plaintiff in error; also, upon an account due from defendant in error to one Fry, and assigned to plaintiff in error. The defendant filed a traverse of the affidavit in attachment, and also on- the same day an affidavit claiming the property attached as exempt from levy.…
1Opinion of the CourtStone, J.
The principal ground of reversal relied upon by the plaintiff in error is the dissolving of the attachment sued out by the plaintiff below, who is the plaintiff in error here. The objection to the action of the court in dissolving the attachment is based upon the following reasons, to wit:
“First. That the affidavit claiming exemption is insufficient.”
“Second. Because there was no notice given to the plaintiff of the filing of the affidavit claiming exemption.”
“Third. Because the claim of exemption, if .any ever existed, was waived.”
“Fourth. Because the court had no jurisdiction of this…
2Cases cited3 opinions
- Meeker v. . ClaghornNew York Court of Appeals · 1871
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Caulfield v. SandersCalifornia Supreme Court · 1861
3Cited by24 opinions
- Bankers Trust Co. v. International Trust Co.Supreme Court of Colorado · 1941
- First Nat. Bank v. HummelSupreme Court of Colorado · 1890
- Kilbourn v. Western Surety Co.Court of Appeals for the Tenth Circuit · 1951
- Starbird v. CranstonSupreme Court of Colorado · 1897
- Hoeppner Construction Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1960
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