Allen v. Tritch
Supreme Court of Colorado
Appeal from District Court of Arapahoe County. Alexander_ P. Allen, filed his complaint in the District Court of Boulder County, against George Tritch and others, creditors of Gay S. Allen; the cause was brought by change of venue to Arapahoe county, and there tried.
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Appeal from District Court of Arapahoe County. Alexander_ P. Allen, filed his complaint in the District Court of Boulder County, against George Tritch and others, creditors of Gay S. Allen; the cause was brought by change of venue to Arapahoe county, and there tried. The complaint was to the effect following: It alleged that on May 7th, 1876, Alexander P. Allen became the owner of the undivided one-half of certain real estate in Boulder county, describing it; that he derived title from Gay S. Allen May 17, 1876, who was then owner of the fee; that plaintiff was possessed from date of…
1Opinion of the CourtElbert, C. J.
Under section 57 of the Code, the defendants were entitled to file their cross-complaint, asking affirmative relief.’ It is claimed, however, tha.t the cross-complaint here interposed is substantially a creditor’s bill, and that a judgment creditor’s remedy by creditor’s bill no longer exists, the framers of the Code having substituted therefor “ proceedings *226supplemental to execution.” Chap. 20. Hexter v. Clifford et al. Decided at the present term.
The supplemental proceedings provided by the Code appear to be chiefly directed to discovery, and in this respect at least they are to be regarded…
2Cases cited5 opinions
- Loomis v. TifftNew York Supreme Court · 1853
- Wilson v. ForsythNew York Supreme Court · 1857
- Payne v. SheldonNew York Supreme Court · 1872
- Ward v. EndersIllinois Supreme Court · 1863
- Gasper v. BennettNew York Supreme Court · 1856
3Cited by36 opinions
- Clark v. DuncansonSupreme Court of Oklahoma · 1920
- Stock-Growers' Bank v. NewtonSupreme Court of Colorado · 1889
- Price v. StrattonSupreme Court of Florida · 1903
- McPhee v. O'RourkeSupreme Court of Colorado · 1887
- Homestead Mining Co. v. ReynoldsSupreme Court of Colorado · 1902
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