Hook v. Fenner
Supreme Court of Colorado
Error to the County Court-of Eagle County. Action commenced by D. W. Fenner, before J. S. McMun, justice of the peace, within and for the county of Eagle. Writ of replevin issued upon the first day of November, 1889. A trial before the justice resulted in a verdict and judgment for the plaintiff. Appeal taken to the county court, where the case was again tried with the same result.
1Opinion of the CourtChief Justice Hayt
In the county court a motion was made, for the first time, to dismiss the action for the want of jurisdiction, because, as it is alleged, the writ was issued before the filing of any undertaking with the justice. This motion was overruled, and this ruling of the court constitutes the principal ground of error relied upon in this court.
There is an undertaking in the statutory form in the record, but there is a dispute between the parties as to whether it was in fact filed before or after the issuance of the writ by the justice. The plaintiff in error claims that it was not filed until after…
2Cases cited1 opinion
- Bettison v. BuddSupreme Court of Arkansas · 1860
3Cited by12 opinions
- Leeper, Graves & Co. v. First Nat. Bank of HobartSupreme Court of Oklahoma · 1910
- Day & Congleton Lumber Co. v. Stadler & Co.Court of Appeals of Kentucky · 1902
- First National Bank Of Fleming v. Paul K. PetzoldtCourt of Appeals for the First Circuit · 1958
- Golden v. McKimNevada Supreme Court · 1922
- People ex rel. Denver Engineers' Supply Co. v. District Court of City of DenverSupreme Court of Colorado · 1905
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