Burton v. Snyder
Supreme Court of Colorado
Error to the District Court of Gunnison County. Motion to dismiss writ of error. Defendant in error, William Snyder, commenced suit upon a promissory note executed byplaintiff in error and her husband, who were both made defendants in the action. Of the defendants, Mrs. Burton only was served with process, and she alone appeared in the action, her husband being deceased.
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Error to the District Court of Gunnison County. Motion to dismiss writ of error. Defendant in error, William Snyder, commenced suit upon a promissory note executed byplaintiff in error and her husband, who were both made defendants in the action. Of the defendants, Mrs. Burton only was served with process, and she alone appeared in the action, her husband being deceased. As ancillary to this suit, Snyder caused a writ of attachment and garnishment process to issue, which was served upon The Kansas Mutual Life Association as garnishee. In answer to the garnishment process the garnishee…
1Opinion of the Court
Chiee Justice Hayt
delivered the opinion of the court.
The first question presented relates to the right of plaintiff in error to have the judgment of the district court reviewed upon the garnishment proceedings in the absence of an exception to that judgment. Although the garnishment proceeding is in aid of the original suit, it, nevertheless, may properly be treated as a separate and distinct action in so far as the pleadings are concerned; the interrogatories propounded and the answers thereto and the motion for a discharge of the garnishee constituting the issues upon which the matter is to…
2Cases cited5 opinions
- Gunn v. HowellSupreme Court of Alabama · 1855
- Smith v. HeideckerSupreme Court of Missouri · 1866
- Rankin v. SimondsIllinois Supreme Court · 1862
- Easton v. LowerySupreme Court of Alabama · 1856
- Falconer v. HeadSupreme Court of Alabama · 1858
3Cited by10 opinions
- Fitzsimmons v. Olinger Mortuary Ass'nSupreme Court of Colorado · 1932
- Phoenix Indemnity Co. v. GregerSupreme Court of Colorado · 1907
- Territory of Oklahoma, Ex Rel. Taylor v. CaffreySupreme Court of Oklahoma · 1899
- Hume v. RobinsonSupreme Court of Colorado · 1896
- Pomeranz v. National Beet Harvester Co.Supreme Court of Colorado · 1927
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