Legal Opinion
Donald Co. v. Dubinsky
Supreme Court of Colorado
Decided October 1, 1923No. 10,726PublishedCited by 5 opinions
Garnishment proceedings under attachment. Garnishee discharged. On Application for Supersedeas. Error to the County Court of the City and County of Denver, Hon. Jay H. Bouton, Judge.
1Opinion of the CourtJustice Denison
The plaintiff in error brought suit against defendant in error for damages for deceit, and garnished a bank by attachment. On joint motion of the defendant and the garnishee the court discharged the garnishee. The plaintiff brings error and moves for supersedeas.
The discharge of the garnishee was right because the action was in tort and the statute permits attachment only in aid of actions upon contract. Code 1921, § 97.
Supersedeas denied and judgment affirmed.
Mr.'Chief Justice Teller and Mr. Justice Sheafor concur.
2Cited by5 opinions
- Black v. PlumbSupreme Court of Colorado · 1934
- Crist v. United Underwriters, Ltd.District Court, D. Colorado · 1964
- Thuringer v. BonnerSupreme Court of Colorado · 1925
- Walker v. LeachCourt of Appeals for the Tenth Circuit · 1946
- G.S. v. EwingSupreme Court of Oklahoma · 1990