Thuringer v. Bonner
Supreme Court of Colorado
Action involving attachment proceedings. Attachment dissolved. On Application for Supersedeas. Error to the District Court -of the City and County of Denver, Hon. Henry J. Hersey, Judge.
1Opinion of the CourtJustice Denison
Thuringer brought suit against Bonner in aid of which an attachment was issued which was afterwards dissolved. This we held was a final judgment subject to writ of error, Thuringer v. Bonner, 74 Colo. 209, 219 Pac. 1078. The dissolution is assigned as error.
The ground upon which defendant in error claims the attachment was rightly dissolved is that the action is ex delicto. The ground is good if the action is so. The Donald Co. v. Dubinsky, 74 Colo. 128, 219 Pac. 209; Code C. L. § 97. Whether an action is ex contractu or ex delicto must be determined from the complaint, 1 C. J. p. 1015, §…
2Cases cited5 opinions
- Austin v. . RawdonNew York Court of Appeals · 1870
- Tugman v. . National Steamship Co.New York Court of Appeals · 1879
- Harkison v. HarkinsonCourt of Appeals for the Eighth Circuit · 1900
- Donald Co. v. DubinskySupreme Court of Colorado · 1923
- Thuringer v. BonnerSupreme Court of Colorado · 1923
3Cited by4 opinions
- Peitzman v. City of IllmoCourt of Appeals for the Eighth Circuit · 1944
- Sams v. CurfmanSupreme Court of Colorado · 1943
- Postal Instant Press v. JacksonDistrict Court, D. Colorado · 1987
- Walker v. LeachCourt of Appeals for the Tenth Circuit · 1946