Denver Live Stock Commission Co. v. Parks
Supreme Court of Colorado
Appeal from the County Court of Larimer- County. Hon. J. Mack Mills, Judge. Action by The Denver Live Stock Commission Company against Cash Parks. From a judgment for defendant in the county court on appeal from a justice court, plaintiff appeals.
Read the full summary
Appeal from the County Court of Larimer- County. Hon. J. Mack Mills, Judge. Action by The Denver Live Stock Commission Company against Cash Parks. From a judgment for defendant in the county court on appeal from a justice court, plaintiff appeals. This is an action in replevin commenced 'before a justice of the peace, and involves the right to the possession of a span of mules and a set of harness under the provisions of a chattel mortgage given to secure a promissory note executed by the appellee, defendant below. The note was due and payable on April 1, 1903. The action was commenced on the…
1Opinion of the CourtJustice Goddard
The action having been commenced before a justice of the peace, there are no written pleadings. We must, therefore, resort to the proceedings before the justice of the peace, as disclosed by the record, in order to determine whether the action of the court in directing a verdict was permissible, and the defendant entitled to the verdict rendered, it being conceded that no demand for the possession of the property described in the chattel mortgage was made upon appellee until after the writ was issued and in the hands of the constable.
The authorities are not uniform upon the question when…
2Cases cited5 opinions
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
- Grimes v. BriggsMassachusetts Supreme Judicial Court · 1872
- Rodgers v. GrahamNebraska Supreme Court · 1893
- Lamping v. KeenanSupreme Court of Colorado · 1886
- O'Neil v. BaileySupreme Judicial Court of Maine · 1878
3Cited by1 opinion
- Scott v. BoheSupreme Court of Colorado · 1927