Clark v. Howell
Supreme Court of Colorado
Appeal from District Court of Boulder County. Debt on a replevin bond. Clark, the defendant below, pleaded, among other defenses, “that judgment in the suit of replevin was rendered on motion to quash the writ, and that the merits of the case were not determined therein, and that the goods and chattels mentioned in said bond and declaration were at the time of replevy the goods and chattels of the said Baker Silver Mining Co., the plaintiffs in replevin, and not those of…
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Appeal from District Court of Boulder County. Debt on a replevin bond. Clark, the defendant below, pleaded, among other defenses, “that judgment in the suit of replevin was rendered on motion to quash the writ, and that the merits of the case were not determined therein, and that the goods and chattels mentioned in said bond and declaration were at the time of replevy the goods and chattels of the said Baker Silver Mining Co., the plaintiffs in replevin, and not those of Charles P. Chedsy.” To this plea the plaintiff replied that the plaintiffs in the replevin “ voluntarily dismissed their…
1Opinion of the CourtStone, J.
Action,of debt by appellee on replevin bond, in which appellant was a surety. Breaches assigned are a failure to prosecute with effect, and to make return of the property as awarded in the judgment of retorno habendo. *565The principal error complained of is, that the court awarded more than nominal damages, when evidence was received which proved that the principal obligor — the plaintiff in replevin — had never parted with the title to the property, although Chedsey, the defendant in replevin, had purchased the property (five head of oxen) from one having it in possession, and exercising acts…
2Cited by1 opinion
- Imel v. Van DerenSupreme Court of Colorado · 1884