Witkowski v. Hill
Supreme Court of Colorado
Appeal from Superior Court of the City of Denver. Action of replevin. Julius F. Witkowski, plaintiff below, replevied certain goods and merchandise from the defendant Zeph T. Hill. The trial resulted in a finding and judgment in favor of the defendant for the return of the property, or, in case a return could not be had, that defendant recover from plaintiff the value thereof; also for damages and costs. The plaintiff brings this appeal.
1Opinion of the CourtJustice Elliott
On the trial it was, among other things, admitted that the defendant Hill as U. S. marshal by virtue of a writ of attachment duly issued had levied upon the merchandise in *373controversy as the property of Louis Witkowski for a lawful debt due from said Louis to the plaintiff in the attachment proceedings; and further, that the plaintiff Julius Witkowski was in the sols possession of the property at the time of the levy.
The marshal attempted to justify the taking on the ground that Louis Witkowski, the attachment debtor, had formerly owned and possessed the property, and had made a fraudulent…
2Cases cited10 opinions
- Russell v. ButterfieldNew York Supreme Court · 1839
- Tucker v. ParksSupreme Court of Colorado · 1883
- City of Denver v. RhodesSupreme Court of Colorado · 1886
- Burdsall v. WaggonerSupreme Court of Colorado · 1878
- Marsh v. CramerSupreme Court of Colorado · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Loosemore v. BakerCalifornia Supreme Court · 1917
- Wright v. NelsonSupreme Court of Colorado · 1952
- Mehlbrandt v. HallSupreme Court of Colorado · 1950
- Coos Bay Railroad v. SiglinOregon Supreme Court · 1898
- Shideler v. FisherColorado Court of Appeals · 1899
3 more not listed; retrieve them via the Exa API.