Smith v. Bauer
Supreme Court of Colorado
Error to District Court of Pueblo County. Bauer brought his action of replevin in the state court, claiming ownership and right to possession of the goods and chattels described in his complaint.
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Error to District Court of Pueblo County. Bauer brought his action of replevin in the state court, claiming ownership and right to possession of the goods and chattels described in his complaint. Smith, among the defenses set up in his answer, averred that he held the property as United States marshal by virtue of levies under writs of attachment duly issued out of the circuit court of the United States for the district of Colorado in two certain suits brought against one Julius Kessler. At the trial the foregoing matters set up in the answer were admitted to be true; but the court,…
1Opinion of the CourtHelm, J.
1. The supreme court of the United States, in Freeman v. Howe, 21 How. 450, announce the doctrine that, when property is in the hands of the United States marshal under a writ of attachment duly issued from a federal court, his custody thereof, even though it be wrongful, and though not by virtue of a proceeding in rem, cannot be interfered with by the sheriff, acting with the authority of process issuing from a state court. The conclusion reached in that opinion has been adhered to in later decisions by the same august tribunal; and,, although no construction of the constitution or laws of…
2Cases cited5 opinions
- Peck v. JennessSupreme Court of the United States · 1849
- United States v. FossattSupreme Court of the United States · 1859
- Barber v. KilbournWisconsin Supreme Court · 1863
- Eaton v. WhiteWisconsin Supreme Court · 1864
- Feusier v. LammonNevada Supreme Court · 1870
3Cited by9 opinions
- Smith v. JensenSupreme Court of Colorado · 1889
- Wilde v. RawlesSupreme Court of Colorado · 1889
- United States, Fidelity and Guaranty Co. v. NewtonSupreme Court of Colorado · 1911
- Hill v. CorcoranSupreme Court of Colorado · 1890
- Horn v. Citizens Savings & Commercial BankColorado Court of Appeals · 1896
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