Legal Opinion

Humphries Mercantile Co. v. Brattain

Supreme Court of Colorado

Decided April 15, 1915No. 8231Published

Error to Montrose County Court. Hon. H. W. Hanes, Judge.

1Opinion of the CourtGarrigues, J.

1. The Humphries Mercantile Company, as plaintiff, obtained in the Justice Court a judgment against George Maness, as defendant, and Clark & Hottel, co-partners, were garnisheed upon execution. The garnishees answered that they had $84.94 for the defendant, but that one Ray Brattain claimed to own the funds in their hands. Plaintiff, desiring to raise and try an issue with the claimant over the ownership of the money, pursued the proper course in such a case and filed a traverse, as to the ownership of the fund, to the answer of the garnishee in which it denied that claimant *575owned the money…

2Cases cited3 opinions

  1. Hewitt v. FollettWisconsin Supreme Court · 1881
  2. Commercial National Bank v. Payne ex rel. Cunningham Sons Co.Appellate Court of Illinois · 1895
  3. Zahnen v. StenderSupreme Court of Colorado · 1907

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