Horn v. Reitler
Supreme Court of Colorado
Appeal from Dist/riet Court of Jefferson County. Suit by appellee, Reitler, as administrator of the estate of Robert Standering, deceased, to recover certain cattle claimed by appellee, Horn, under the following written instrument: “Bailey, Colo., April 11, 188é. I hereby assign, transfer and sell to P. C. Horn twenty-five (25) head of cattle branded ‘ S ’ to secure him for his bond given for me in my suit against J. Carrothers in justice’s court, before C. M. Taylor.
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Appeal from Dist/riet Court of Jefferson County. Suit by appellee, Reitler, as administrator of the estate of Robert Standering, deceased, to recover certain cattle claimed by appellee, Horn, under the following written instrument: “Bailey, Colo., April 11, 188é. I hereby assign, transfer and sell to P. C. Horn twenty-five (25) head of cattle branded ‘ S ’ to secure him for his bond given for me in my suit against J. Carrothers in justice’s court, before C. M. Taylor. If said costs are paid by me this bill of sale shall be void, Robert Standering, "W". W, Hooper.” In the district court…
1Opinion of the Court
Mr. Justiob Hayt
delivered the opinion of the court.
Upon the previous appeal in this case, the facts, as they then appeared upon the record, were fully set out in the *317statement preceding the opinion and will not be here repeated. See Horn v. Reitler, 12 Colo. 310.
Upon the evidence introduced at the first trial, the district court directed a verdict for the plaintiff. On review in this court this action of the trial court was held to be erroneous, and the judgment for this reason reversed. It was then said that, under the pleadings and admissions at the fox-mer trial, the material issues to be…
2Cases cited4 opinions
- Denver & Rio Grande R'y Co. v. HendersonSupreme Court of Colorado · 1887
- Abbey Homestead Ass'n v. WillardCalifornia Supreme Court · 1874
- Gardiner v. SchmaelzleCalifornia Supreme Court · 1874
- Horn v. ReitlerSupreme Court of Colorado · 1888
3Cited by20 opinions
- Denver City Tramway Co. v. WrightSupreme Court of Colorado · 1909
- Jackson v. CrillySupreme Court of Colorado · 1891
- Rice v. Van WhySupreme Court of Colorado · 1910
- Davis v. JohnsonColorado Court of Appeals · 1894
- Smith v. SchlinkSupreme Court of Colorado · 1908
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