First National Bank v. Follett
Supreme Court of Colorado
Appeal from Denver District Court — Hon. Peter L. Palmer, Judge. The First National Bank of Denver commenced an action in attachment against A. L. Deane & Company under which a stock of goods and other personal property was levied upon and seized by the sheriff. Mrs. Follett intervened, claiming that the property attached belonged to her.
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Appeal from Denver District Court — Hon. Peter L. Palmer, Judge. The First National Bank of Denver commenced an action in attachment against A. L. Deane & Company under which a stock of goods and other personal property was levied upon and seized by the sheriff. Mrs. Follett intervened, claiming that the property attached belonged to her. A trial of the case resulted in a judgment in favor of the intervenor, to the effect that she was the owner of the property attached, entitled to the possession thereof, and the sheriff was ordered to turn it over to her. From this judgment the bank appealed…
1Opinion of the CourtJustice Gabbebt
The statute provides that a sheriff, in addition to the fees prescribed, shall be allowed his actual expenses incurred in executing a writ of attachment, and also for custodian fees not exceeding $2.50 per day of twelve hours. — §§ 1898-1898a, 3 Mills’ Stats., Revised Supplement. Counsel for appellant contend that.there must be a formal order of court taxing items as costs which are not specifically provided for by the statute, and claims it appears from the record that the items to which he objects, the amount of which is not specifically fixed by statute, were never allowed by the court, or…
2Cases cited6 opinions
- Smith v. ShafferCourt of Appeals of Maryland · 1878
- Schmidt v. DreyerSupreme Court of Colorado · 1895
- Green v. ThatcherSupreme Court of Colorado · 1903
- Joralmon v. McPheeSupreme Court of Colorado · 1901
- Staples v. BarclaySupreme Court of Colorado · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Whipple v. WesselsSupreme Court of Colorado · 1919
- McMullin v. City and County of DenverSupreme Court of Colorado · 1956