Ward v. Wilms
Supreme Court of Colorado
Appeal from, Distinct Oourt of Washington Oount/y. This was an.action by Samantha J. Wilms 'against Benjamin Ward and his sureties upon his official bond as constable.
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Appeal from, Distinct Oourt of Washington Oount/y. This was an.action by Samantha J. Wilms 'against Benjamin Ward and his sureties upon his official bond as constable. The complaint charges, in substance, that, by virtue of a certain execution against one F. W. Wilms, the defendant Ward had illegally and forcibly taken possession of a stock of merchandise belonging to plaintiff, and had wrongfully appropriated the same, to her damage, etc.; that said acts were done by Ward under color of his office as constable. The defense relied on was that the merchandise so seized was in fact the property…
1Opinion of the CourtJustice Elliott
Whether or not a resident plaintiff shall be required to give security for costs under the act of 1885 (Sess. Laws, 156) is a matter in the sound discretion of the court. See Knight v. Fisher, 15 Colo. 176, and cases there cited.
The remaining assignments of error requiring consideration relate to the admission of testimony in behalf of plaintiff. The plaintiff claimed title to the property in controversy through conveyance from her husband, Frederick W. Wilms. She sought to establish her claim by proof to the effect:
That, in 1877, her husband was the owner of a certain hotel property in the…
2Cases cited5 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Higgins v. ArmstrongSupreme Court of Colorado · 1885
- Gilpin v. GilpinSupreme Court of Colorado · 1889
- Knight v. FisherSupreme Court of Colorado · 1890
- Moore v. Bank of the MetropolisSupreme Court of the United States · 1839
3Cited by15 opinions
- McDonald, Adm'r v. StrawnSupreme Court of Oklahoma · 1920
- Kirby v. StateSupreme Court of Florida · 1902
- Moynahan v. PerkinsSupreme Court of Colorado · 1906
- Denver, Texas & Fort Worth Railroad v. SmockSupreme Court of Colorado · 1897
- Farmers & Merchants Ins. v. NixonColorado Court of Appeals · 1892
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