Barnes v. Beighly
Supreme Court of Colorado
Appeal from County Court of Clear Creek County. The plaintiff Beighly brought suit in the county court-of Clear Creek county, to the November term, 1882, against the defendants, Orpheus I. Barnes, L. H. Barnes- and S. A. Gilbert, for discovery, and in aid of a judgment previously recovered in the said court by the same plaintiff against the -said Orpheus I. Barnes.
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Appeal from County Court of Clear Creek County. The plaintiff Beighly brought suit in the county court-of Clear Creek county, to the November term, 1882, against the defendants, Orpheus I. Barnes, L. H. Barnes- and S. A. Gilbert, for discovery, and in aid of a judgment previously recovered in the said court by the same plaintiff against the -said Orpheus I. Barnes. The original cause of action was' a balance due on account for goods anc^chattels sold and delivered by the plaintiff to the defendant, the amount of the recovery being $673.65. The present action was not instituted in pursuance of…
1Opinion of the CourtBeck, C. J.
This is a record of proceedings had in the court below upon a bill filed therein by the appellee in the nature of a creditor’s bill. It is earnestly contended on part of the appellants that such a proceeding could not be legally entertained under the laws of this state, on the facts and circumstances set out in the bill. This objection was not raised in the county court, either by demurrer or answer, nor is it here directly presented by any of the assignments of error. We are therefore not called upon to decide this question. But the sufficiency of the bill itself, and of the evidence to…
2Cases cited1 opinion
- Cornell v. RadwayWisconsin Supreme Court · 1867
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- Shepler v. WhalenSupreme Court of Colorado · 2005
- Arnett v. CoffeyColorado Court of Appeals · 1891
- Robison v. GumaerSupreme Court of Colorado · 1908
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