Sears v. Andrews
Supreme Court of Colorado
Appeal from District Court, Cilpin County. Replevin by appellees against appellant before a justice of peace, and appeal to the district court. In the latter court, the j ury returned the following: “We the j ury in the above-entitled cause find for plaintiff and assess the damages at $10 (ten dollars).” The court rendered judgment upon this verdict in favor of the plaintiffs below, for possession of the property, and for the damages and costs.
1Opinion of the Court
Hallett, O. J.
The only question presented for our consideration in this case is the sufficiency of the verdict of the jury to sustain the judgment of the district court. The action was brought before a justice of the peace and removed into the district court by appeal. There are no written pleadings or other evidence of the issue tried in the record, and therefore we are unable to ascertain what that issue was. Probably this verdict would not answer all the issues which may arise in an action of replevin, but it seems to us to be responsive to some issues which may arise in .that action. For…
2Cases cited1 opinion
- Jarrard v. HarperIllinois Supreme Court · 1867
3Cited by4 opinions
- Sholes v. NorrisColorado Court of Appeals · 1900
- Bitter v. Mouat Lumber & Investment Co.Colorado Court of Appeals · 1897
- Bitter v. Mouat Lumber & Investment Co.Colorado Court of Appeals · 1897
- Sholes v. NorrisColorado Court of Appeals · 1900