Madera v. Holdrege
Colorado Court of Appeals
Appeal from the District Court of Boulder County. This suit was brought against an officer to recover treble damages for the seizure, under a writ of attachment, of property which the alleged debtor claimed was exempt from execution.
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Appeal from the District Court of Boulder County. This suit was brought against an officer to recover treble damages for the seizure, under a writ of attachment, of property which the alleged debtor claimed was exempt from execution. The General Statutes of 1883, section 1868, provide “If any officer or other person, by virtue of any execution or other process, or by any right of distress, shall take or seize any of the articles of property hereinbefore exempted from levy and sale, such officer or person shall be liable to the party injured for three times the value of the property illegally…
1Opinion of the CourtBissell, P. J.
This judgment was evidently entered on a misconception of the privilege and the duty of the exemption claimant, of the authority and responsibilities of the officer under the writ, and of the proper construction of the exemption statute. There *130is considerable conflict in the cases concerning the duty of the claimant with respect to the assertion of his rights of exemption, and the powers of the officer with reference to the seizure of property. So far as those questions arise in this case, the particular principle involved has been settled by the supreme court, and we need not look farther…
2Cases cited3 opinions
- Harrington v. SmithSupreme Court of Colorado · 1890
- Behymer v. CookSupreme Court of Colorado · 1880
- Yates v. GransburySupreme Court of Colorado · 1886
3Cited by2 opinions
- Smith v. Pueblo Mercantile & Credit Ass'nSupreme Court of Colorado · 1927
- McConathy v. DeckSupreme Court of Colorado · 1905