People ex rel. Tritch v. Cramer
Supreme Court of Colorado
Error to Disbriet Court of Arapahoe County. The complaint of Tritch, plaintiff below, averred, among other matters, the following: “That in June, 1886, Tritch commenced his action upon a promissory note against the Bailey Reduction Company to recover the sum of $18,161.21; that at the same time a writ of attachment was at his instance duly issued and placed in the hands of defendant Cramer, the sheriff, for levy; that the sheriff was instructed to attach thereunder all the…
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Error to Disbriet Court of Arapahoe County. The complaint of Tritch, plaintiff below, averred, among other matters, the following: “That in June, 1886, Tritch commenced his action upon a promissory note against the Bailey Reduction Company to recover the sum of $18,161.21; that at the same time a writ of attachment was at his instance duly issued and placed in the hands of defendant Cramer, the sheriff, for levy; that the sheriff was instructed to attach thereunder all the estate of the company within the county of Arapahoe; that on the same day, or the next, by direction of Tritch, a…
1Opinion of the CourtChief Justice Helm
Both parties agree that the court below sustained the demurrer in this case upon the ground that the action was barred by the statute of limitations. This is the sole question argued by counsel for plaintiff in error, and the principal subject discussed by opposing counsel. Its determination rests upon a construction of the following statute: “ All actions against sheriffs and coroners, upon any liability incurred by them, by the doing of any act in their official capacity, or by the omission of any official duty, except for escapes, shall be brought within one year after the cause of action…
2Cases cited3 opinions
- WILCOX v. the Executors of PlummerSupreme Court of the United States · 1830
- Goodman v. WhiteSupreme Court of Connecticut · 1857
- Betts v. NorrisSupreme Judicial Court of Maine · 1842
3Cited by14 opinions
- State ex rel. Cardin v. McClellanTennessee Supreme Court · 1904
- Bailey v. ClausenSupreme Court of Colorado · 1976
- Aachen & Munich Fire Ins. v. MortonCourt of Appeals for the Sixth Circuit · 1907
- Delta Sales Yard v. PattenSupreme Court of Colorado · 1995
- State ex rel. Fehrenbach v. LoganMissouri Court of Appeals · 1916
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