Murphy v. Hobbs
Supreme Court of Colorado
Appeal from District Court of Weld County. Hobbs, plaintiff below, filed his complaint on the 30th day of November, A. D. 1880, against William J. Murphy, defendant below, alleging: “L “That, on the 2d day of August, A. D. 1880, atAhe county of Weld, the defendant obtained a warrant for the arrest of this plaintiff, Willie B. Royce and Isaac L. Hoopes, from James H. Jones, a justice of the peace in and for the county of Weld aforesaid, on a charge of taking and removing,…
Read the full summary
Appeal from District Court of Weld County. Hobbs, plaintiff below, filed his complaint on the 30th day of November, A. D. 1880, against William J. Murphy, defendant below, alleging: “L “That, on the 2d day of August, A. D. 1880, atAhe county of Weld, the defendant obtained a warrant for the arrest of this plaintiff, Willie B. Royce and Isaac L. Hoopes, from James H. Jones, a justice of the peace in and for the county of Weld aforesaid, on a charge of taking and removing, with felonious intent, two mules belonging (as was alleged) to the said defendant; and, also, of removing and running off…
1Opinion of the CourtHelm, J.
There was no error in denying the motion for a continuance. No valid excuse was given for deferring, for a period of nine months after suit commenced, all effort to obtain the testimony of the absent witnesses. Neither does the affidavit show sufficient reason for the failure of appellant to attend the trial.
Where there has been a conversion of property, and, prior to suit, it has been returned to and accepted by the plaintiff, or if he has recovered the same, the return or recovery does not bar an action for the conversion; such fact may, however, be shown in mitigation of damages. Moak’s…
2Cases cited1 opinion
- The People v. . Bank of North AmericaNew York Court of Appeals · 1879
3Cited by7 opinions
- De Celles v. CaseyMontana Supreme Court · 1914
- Eldridge v. HoeferOregon Supreme Court · 1904
- Ilfeld v. ZieglerSupreme Court of Colorado · 1907
- Lininger Implement Co. v. Queen City Foundry Co.Supreme Court of Colorado · 1923
- Pennsylvania Fire Insurance v. LevySupreme Court of Colorado · 1929
2 more not listed; retrieve them via the Exa API.