Rutter v. Shumway
Supreme Court of Colorado
Error to Boulder County Court. Plaintiffs in error, Rutter & Johnson, recovered judgment against Shumway, the defendant in error, before a justice of the peace, for the sum of $49.60 and costs. They then sought by process of garnishment to subject certain moneys deposited by Shumway in the Roulder Rational Bank to the payment of said judgment. Shumway claimed said moneys as exempt from garnishment under the act of March 28,1885 (Sess.
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Error to Boulder County Court. Plaintiffs in error, Rutter & Johnson, recovered judgment against Shumway, the defendant in error, before a justice of the peace, for the sum of $49.60 and costs. They then sought by process of garnishment to subject certain moneys deposited by Shumway in the Roulder Rational Bank to the payment of said judgment. Shumway claimed said moneys as exempt from garnishment under the act of March 28,1885 (Sess. Laws, p. 262), which reads as follows: “ There shall be exempt from levy under execution or ah tachment of garnishment the wages and earnings of any debtor to…
1Opinion of the CourtJustice Elliott
The assignment of error based upon the refusal of the county court to dismiss the appeal from the justice’s court will not be considered, for the reason that neither the motion nor any exception to the denial thereof is properly preserved in the record. Such motions and exceptions must be preserved, if at all, by a bill of exceptions duly authenticated. The practice of attempting to preserve mere motions or exceptions of this kind by transcribing them into the record proper is not warranted by the common law nor by any provision of our Code of Procedure. The assignment based upon the refusal…
2Cases cited4 opinions
- Barnett v. KnightSupreme Court of Colorado · 1884
- Wike v. CampbellSupreme Court of Colorado · 1879
- Martin v. BondSupreme Court of Colorado · 1890
- Cook v. HughesSupreme Court of Colorado · 1867
3Cited by39 opinions
- Lawrence v. Jahn (In Re Lawrence)District Court, E.D. Tennessee · 1998
- Jordan v. PeopleSupreme Court of Colorado · 1894
- Holmes v. Blazer Financial Services, Inc.District Court of Appeal of Florida · 1979
- Finance Acceptance Company v. BreauxSupreme Court of Colorado · 1966
- Burnell v. WachtelColorado Court of Appeals · 1894
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