Cramer v. Oppenstein
Supreme Court of Colorado
Appeal from Superior Co-uri of Denver. This was an action by the appellee Oppenstein, plaintiff below, against the appellant Cramer, sheriff, for the recovery of certain moneys alleged to have been received and illegally retained by him as sheriff. Certain writs of execution and of attachment against Oppenstein having come into the sheriff’s hands were levied upon a stock of merchandise consisting of gentlemen’s furnishing goods, the property of Oppenstein.
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Appeal from Superior Co-uri of Denver. This was an action by the appellee Oppenstein, plaintiff below, against the appellant Cramer, sheriff, for the recovery of certain moneys alleged to have been received and illegally retained by him as sheriff. Certain writs of execution and of attachment against Oppenstein having come into the sheriff’s hands were levied upon a stock of merchandise consisting of gentlemen’s furnishing goods, the property of Oppenstein. The goods were sold under the executions, and the sheriff received the sum of $1,602.25 as the proceeds of such sale. Before the money…
1Opinion of the CourtJustice Elliott
It is assigned for error, inter alia, that the finding and judgment of the court are contrary to the law and the evidence. The plaintiff claimed that the sheriff’s charges for “ invoicing goods,” for “ drayage,” for “ insurance,” for “ custodian three days,” for “ sheriff’s commissions,” and for “ auctioneer’s commissions ” were either altogether illegal or excessive. The trial court evidently regarded the plaintiff’s claims for the most part as well founded. But as the finding does not specify the 'items upon which the court based its conclusion, the law and the evidence applicable to the…
2Cases cited9 opinions
- White v. . MadisonNew York Court of Appeals · 1862
- Hall v. MarstonMassachusetts Supreme Judicial Court · 1822
- Crofut v. . BrandtNew York Court of Appeals · 1874
- Robinson Consolidated Min. Co. v. JohnsonSupreme Court of Colorado · 1889
- Campbell v. ShilandSupreme Court of Colorado · 1890
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3Cited by1 opinion
- Tallman v. SmithSupreme Court of Colorado · 1944