Greig v. Clement
Supreme Court of Colorado
Error to the District Court of (farfield County. Action for claim and delivery of personal property. Judgment for defendants. Plaintiff brings error. Max Morris, the owner of a certain stock of merchandise in the town of Glenwood Springs, in Garfield county, Colorado, executed a chattel mortgage to plaintiff in error, Greig, upon the property, to secure the payment of certain promissory notes executed by Morris and made payable to plaintiff in error, Greig.
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Error to the District Court of (farfield County. Action for claim and delivery of personal property. Judgment for defendants. Plaintiff brings error. Max Morris, the owner of a certain stock of merchandise in the town of Glenwood Springs, in Garfield county, Colorado, executed a chattel mortgage to plaintiff in error, Greig, upon the property, to secure the payment of certain promissory notes executed by Morris and made payable to plaintiff in error, Greig. This chattel mortgage contains the usual provision authorizing the mortgagee to take possession of the mortgaged property in case he…
1Opinion of the CourtChief Justice Hayt
By the pleadings the official character of the defendant in error, Clement, was put in issue by direct allegation and positive denial. To maintain the plea of justification it was therefore incumbent upon the defendants to establish such official character. They having failed to introduce any proof in support thereof, the plaintiff undertook to prove affirmatively that Clement at the time of the levy was not a deputy sheriff of Garfield county, but the court in response to objections interposed by the defendants excluded all evidence upon this issue. This ruling was based upon the assumption…
2Cases cited1 opinion
- Fryer v. BreezeSupreme Court of Colorado · 1891
3Cited by12 opinions
- Town of Pagosa Springs v. PeopleColorado Court of Appeals · 1913
- Webster v. KautzColorado Court of Appeals · 1912
- Carnahan v. ConnollyColorado Court of Appeals · 1902
- Greig v. WareSupreme Court of Colorado · 1898
- Morton v. LaeschSupreme Court of Colorado · 1912
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