Creighton v. Kerr
Supreme Court of the United States
Error to the Supreme Court of the Territory of Colorado; the ease being thus : The statutes of Colorado relating to attachment's enact: “Section 54. Whenever a plaintiff in any civil action pending in any court of record in this Territory shall- file in the office of the clerk of the court wherein such.cause is pending, an affidavit showing that the defendant resides out of this Territory, it shall • be the duty of the clerk to cause a notice to be published in some…
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Error to the Supreme Court of the Territory of Colorado; the ease being thus : The statutes of Colorado relating to attachment's enact: “Section 54. Whenever a plaintiff in any civil action pending in any court of record in this Territory shall- file in the office of the clerk of the court wherein such.cause is pending, an affidavit showing that the defendant resides out of this Territory, it shall • be the duty of the clerk to cause a notice to be published in some newspaper, published in the county in which such cause is pending, for four successive weeks prior to the next term of the…
1Opinion of the CourtJustice Hunt
In the view we take of this case it is not necessary to examine the alleged irregularities in the conduct of the suit or the alleged'defects in its commencement. Without intending, in fact, to decide those points, it-may be assumed, as is argued by the plaintiff’ in error, that there was not that notice of the proceedings required by the laws of Colorado. It may be assumed also that in making a claim of damages for $5563 only in the writ of attachment, and in making a claim for $8000 in the declaration, an error was committed. It is insisted that in consequence of this claim in the writ the…
2Cited by38 opinions
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- Rogers v. New York & Texas Land Co.New York Court of Appeals · 1892
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