Terry v. Wright
Colorado Court of Appeals
An action brought by the plaintiff in error against Alpheus Wright, county judge of Boulder county, the sureties upon his official bond and others, for damages for an alleged illegal arrest and imprisonment. On the 16th day of January, 1895, Esther M. Austin lent $514 to Catharine O’Brienne,' administratrix of the estate of John H. Hagar.
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An action brought by the plaintiff in error against Alpheus Wright, county judge of Boulder county, the sureties upon his official bond and others, for damages for an alleged illegal arrest and imprisonment. On the 16th day of January, 1895, Esther M. Austin lent $514 to Catharine O’Brienne,' administratrix of the estate of John H. Hagar. An order-was obtained from the county court by the administratrix of the estate to borrow the money and execute a chattel mortgage upon the personal property to secure the payment. Austin lent the money and took the security. On the first day of May, 1895,…
1Opinion of the CourtReed, P. J.
It is contended that the proceeding was illegal and unwarranted ; that no notice was given plaintiff to appear and show cause,—no opportunity for him to assert and establish title to the property. The course pursued does seem summary and arbitrary, purely ex parte, based upon the affidavit of the mortgagee alone, and an order made for the delivery of the designated property within forty-eight hours, regardless of how it came into his possession or his right to retain his possession. But those questions are not before this court for review. The estate of Hagar was in process of administration.…
2Cases cited9 opinions
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- Lange v. . BenedictNew York Court of Appeals · 1878
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- Anderson v. GrayIllinois Supreme Court · 1890
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