Stevenson v. Palmer
Supreme Court of Colorado
Appeal from Superior Court of Denver. Upon the 1st day of August, 1887, Emma O. Whitsett brought suit in a justice’s court against Prank P. Noxon, in which suit a writ of attachment was issued by the justice, and levied by appellant, as constable, upon the goods here in controversy.
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Appeal from Superior Court of Denver. Upon the 1st day of August, 1887, Emma O. Whitsett brought suit in a justice’s court against Prank P. Noxon, in which suit a writ of attachment was issued by the justice, and levied by appellant, as constable, upon the goods here in controversy. Soon after the levy, appellees herein, Peter L. Palmer, John W. Horner, Prank P. Noxon and Dora Noxon, caused the property to be released by giving a forthcoming bond, as provided by statute, and Noxon again went into possession of the goods, when they were again levied upon by appellant under a writ of attachment…
1Opinion of the CourtJustice Hayt
The statute under which the redelivery bonds were both given reads as follows: “The defendant may, at any time before final judgment in the action, release all property which may have been seized by virtue of the attachment writ, by his executing an undertaking as hereinafter provided. Such undertaking shall be given by the defendant to the plaintiff, be signed by two responsible sureties, each a resident of the county in which the suit is pending, and shall be to the effect that in case the plaintiff recover judgment against the defendant in the action, and the attachment is not dissolved,…
2Cases cited8 opinions
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- Case, Bishop & Co. v. D. M. Steele & Co.Supreme Court of Kansas · 1885
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3Cited by11 opinions
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