Weil v. Nevitt
Supreme Court of Colorado
Appeal from, the District Court of Arapahoe County. Action to recover treble damages for the seizure of exempt property.
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Appeal from, the District Court of Arapahoe County. Action to recover treble damages for the seizure of exempt property. The action is founded upon the following statutory provisions: “ The following property, when owned by any person being the head of a family and residing with the same, shall be exempt from levy and sale upon any execution or writ of attachment, or distress for rent, and such articles of property shall continue exempt while the family of such person are removing from one place of business to another within this state: * * * “ The tools and implements, or stock in trade, of…
1Opinion
On Petition eor Rehearing.
2Per curiam
It appears that the goods of Nevitt were first attached by virtue of the writ from the justice’s court on March 15, 1888. On the next day, March 16, Weil and Stevenson were notified in writing that the goods were claimed as exempt and their release was then demanded. Judgment was rendered and special execution issued from the justice’s court for the sale of the attached property on March 21, 1888; and again, on that same day, Nevitt by another written notice claimed and demanded the release of the property.
On the trial of this action Nevitt was asked if he was the…
3Cases cited4 opinions
- Denver & Rio Grande Railroad v. RyanSupreme Court of Colorado · 1891
- Higgins v. ArmstrongSupreme Court of Colorado · 1885
- State ex rel. Evans v. OrahoodMissouri Court of Appeals · 1887
- Knoth v. BarclaySupreme Court of Colorado · 1885