Autrey v. Wright
Colorado Court of Appeals
Appeal from the District Qourt of Boulder Bounty. In the month of May, 1891, the appellee, Wright, was doing business in Lyons, Colorado, and at that time was indebted to the Hallack Lumber and Manufacturing Company for some goods and material which that company had sold him. About that date, an attachment which had been issued in the suit of the company against Wright was levied upon the property in dispute in this action.
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Appeal from the District Qourt of Boulder Bounty. In the month of May, 1891, the appellee, Wright, was doing business in Lyons, Colorado, and at that time was indebted to the Hallack Lumber and Manufacturing Company for some goods and material which that company had sold him. About that date, an attachment which had been issued in the suit of the company against Wright was levied upon the property in dispute in this action. This consisted of a pair of horses, a set of harness and a bedstead. This suit was pending for some time, and under an order'of the court the property was sold, the…
1Opinion of the CourtBissell, P. J.
Very recent decisions of this court determine the questions involved in favor of the appellants. The statute giving the right of action for treble damages in certain cases received very full consideration in a case decided at the present term. Madera v. Holdredge, ante, 126. It was there decided, following the cases of Harrington v. Smith et al., 14 Colo. 376; Behymer v. Cook, 5 Colo. 395, that wherever a levy was made on exempt property, and it was established by the record that what was seized was all the exemptioner owned, the seizure was illegal, regardless of any claim or assertion of…
2Cases cited3 opinions
- Atchison v. GrahamSupreme Court of Colorado · 1890
- Harrington v. SmithSupreme Court of Colorado · 1890
- Behymer v. CookSupreme Court of Colorado · 1880
3Cited by2 opinions
- Mumford v. WrightColorado Court of Appeals · 1898
- Mumford v. WrightColorado Court of Appeals · 1898