Abbott v. Williams
Supreme Court of Colorado
Error to Superior Gourt of Denver. The facts necessary to an understanding of the opinion may be stated, in substance, as follows: Williams, the defendant in error, commenced suit against Given and Abbott, and caused the Denver & Rio Grande Railway Company to be garnished in the sum of $485. To obtain a release of this money, an undertaking, in substance, like a redelivery undertaking in attachment was executed by Abbott, Longinetti and Mazza, whereby, in consideration of…
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Error to Superior Gourt of Denver. The facts necessary to an understanding of the opinion may be stated, in substance, as follows: Williams, the defendant in error, commenced suit against Given and Abbott, and caused the Denver & Rio Grande Railway Company to be garnished in the sum of $485. To obtain a release of this money, an undertaking, in substance, like a redelivery undertaking in attachment was executed by Abbott, Longinetti and Mazza, whereby, in consideration of the releasing of the money, they undertook and promised to the effect that in case the plaintiff recovered judgment in the…
1Opinion of the CourtJustice Elliott
It is contended by counsel for plaintiffs in error that the sheriff has no authority, to accept an undertaking for the release of money garnished, nor to execute a release for money in the hands of a garnishee; that the authority of the sheriff to accept an undertaking and release attached property-is expressly limited to property “in the hands of the sheriff.” Code, §§ 111, 112.,
Conceding that counsel have properly construed the code provisions above cited, and.that the sheriff did not have the *514power or authority, as a matter of lam, to release the money in the hands of the garnishee,…
2Cases cited5 opinions
- Williams v. Uncompahgre Canal Co.Supreme Court of Colorado · 1889
- Garretson v. ReederSupreme Court of Iowa · 1867
- Johnson v. WeatherwaxSupreme Court of Kansas · 1872
- Edwards v. PomeroySupreme Court of Colorado · 1885
- Hardesty v. PriceSupreme Court of Colorado · 1877
3Cited by14 opinions
- Mueller v. KellyColorado Court of Appeals · 1896
- Morin v. WellsMontana Supreme Court · 1904
- Schradsky v. DunkleeColorado Court of Appeals · 1897
- National Surety Co. v. PeopleSupreme Court of Colorado · 1913
- Jones v. First Nat. Bank of AdaSupreme Court of Oklahoma · 1918
9 more not listed; retrieve them via the Exa API.