Yates v. Gransbury
Supreme Court of Colorado
Appeal from County Court of Boulder County. This action was brought by the plaintiff to recover three times the value of certain personal property seized by the defendant as deputy-sheriff on execution.
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Appeal from County Court of Boulder County. This action was brought by the plaintiff to recover three times the value of certain personal property seized by the defendant as deputy-sheriff on execution. Sec. 31, Gen. St. p. 602, is as follows? “ If any officer or other person, by virtue of any execution or other process, or by any right of distress, shall take or seize any of the articles of property hereinbefore exempted from levy and sale, such officer or person shall be liable to the party injured for three times the value of the property illegally taken or seized, to be recovered by…
1Opinion of the CourtElbert, J.
The plaintiff Gransbury, at the time of the levy of the execution by the defendant, was the-owner of two wagons. The statute exempted but one. He had a right to select which of the two he would retain as exempt from execution; but having selected the one levied upon by the officer, it was his duty, so far as lay in his power, to surrender the other wagon, that the sheriff might levy upon it. Freem. Ex’ns, §212; Smothers v. Holly, 47 Ill. 331; Bonnell v. Bowman, 53 Ill. 460; Robinson v. Myers, 3 Dana, 441; Keybers v. McComber, 7 Pac. Rep. 838. There is no doubt, on the testimony, that the…
2Cases cited4 opinions
- Keybers v. McComberCalifornia Supreme Court · 1885
- Bonnell v. BowmanIllinois Supreme Court · 1870
- Smothers v. HollyIllinois Supreme Court · 1868
- Robinson v. MyersCourt of Appeals of Kentucky · 1835
3Cited by4 opinions
- Weil v. NevittSupreme Court of Colorado · 1892
- Florida Loan & Trust Co. v. CrabbSupreme Court of Florida · 1903
- Madera v. HoldregeColorado Court of Appeals · 1893
- Madera v. HoldregeColorado Court of Appeals · 1893