Cantril v. Babcook
Supreme Court of Colorado
Error to District Court of Boulder County. Oantril, as United States marshal, levied two writs of attachment issuing from the federal court, in suits against Herman Bros., upon certain personal property belonging, as he asserted, to them.
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Error to District Court of Boulder County. Oantril, as United States marshal, levied two writs of attachment issuing from the federal court, in suits against Herman Bros., upon certain personal property belonging, as he asserted, to them. Babcock, who was not a party to the suits in the federal court, but claimed to own the property by purchase from the assignee of Herman Bros., brought his action of replevin in the district court of Boulder county, giving the usual replevin bond, with the other defendants above mentioned as sureties. The replevin action was decided upon demurrer in favor of…
1Opinion of the CourtHelm, J.
Plaintiff in error, Oantril, recovered the judgment to reverse which this proceeding was instituted. His position is that he was entitled to the full sum awarded in the state court by judgment in the replevin suit, and that that court could not, in the present action upon the replevin bond, review or re-investigate the matters then adjudicated. The replevin bond constituted a contract between Babcock and his sureties on the one hand, and Oantril on the other. Its terms are unequivocal. They stipulate for the payment, in case of defeat in the replevin action, of “such sum of moneyas may, from…
2Cases cited1 opinion
- Parks v. WilcoxSupreme Court of Colorado · 1883
3Cited by3 opinions
- Witkowski v. HillSupreme Court of Colorado · 1892
- Denver Truck Exchange, Inc. v. Globe Indemnity Co.Supreme Court of Colorado · 1967
- Trindle v. Register Printing & Publishing Co.Supreme Court of Colorado · 1914