Bruce v. Horn

This was an action in replevin, which comes into this court for the second time. Upon its first appearance, it was on appeal by plaintiff, and the opinion then rendered may be found in Horn v. The Citizens Savings and Commercial Bank of Denver, 8 Colo. App. 535. It is now brought here on error by the defendant. The most material facts pertinent to its present determination are set forth in the former opinion of the court.

The first question with which we are confronted is one raised by the defendant in error, who was plaintiff in the trial court, and it is very urgently insisted upon by him.…