Wymond v. Amsbury
Supreme Court of Colorado
Error to Probate Court, Clear Creele County. Trespass by defendant in error against plaintiff in error in probate court of Clear Creek county.
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Error to Probate Court, Clear Creele County. Trespass by defendant in error against plaintiff in error in probate court of Clear Creek county. It was averred in the declaration, that defendant was a constable of the county of Clear Creek, and that, in virtue of a writ of attachment issued by L. F. Yates, a justice of the peace, at the suit of one Webster, and against the plaintiff below, the defendant levied upon certain wearing apparel, household furniture and books .belonging to the plaintiff, which were by law exempt from such seizure, the plaintiff being the head of a family and a…
1Opinion of the CourtHallett, C. J.
The declaration contains five counts, four of which are based upon the statute giving treble damages in case of an illegal seizure of property exempt from execution and attachment (R. S. 880), and the fifth count is in the ordinary form of trespass de bonis. It appears that defendant in error set out with his family upon a visit to the east, leaving his goods stored in the house which he had previously occupied, where plaintiff in error found them, and levied on them immediately afterward, under a writ of attachment issued by a justice of the peace at the suit of one Webster, and against the…
2Cases cited1 opinion
- Porter v. TalcottNew York Supreme Court · 1823
3Cited by6 opinions
- Sandberg v. BorstadtSupreme Court of Colorado · 1910
- Jensen v. South Dakota Cent Ry. Co.South Dakota Supreme Court · 1910
- Heritage Village Owners Ass'n v. Golden Heritage Investors, Ltd.Colorado Court of Appeals · 2004
- Graham v. Zurich American Insurance Co.Colorado Court of Appeals · 2012
- Parketon v. PugsLeyMissouri Court of Appeals · 1909
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