Wyatt v. Freeman
Supreme Court of Colorado
Appeal from County Court of Weld County. Wyatt, the appellant, as sheriff, levied upon a wagon in the possession of one Pinneo, under an execution against him. Freeman, the appellee, claimed the ownership of the property, and brought an action'in replevin in a justice’s court against the appellant. The coroner seized the property under the replevin writ and at once turned it over to Freeman.
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Appeal from County Court of Weld County. Wyatt, the appellant, as sheriff, levied upon a wagon in the possession of one Pinneo, under an execution against him. Freeman, the appellee, claimed the ownership of the property, and brought an action'in replevin in a justice’s court against the appellant. The coroner seized the property under the replevin writ and at once turned it over to Freeman. Judgment was entered by the justice against Wyatt by default, and Wyatt appealed to the county court. In the county court Wyatt justified under his writ, and at the trial undertook to attack the title of…
1Opinion of the CourtThatcher, C. J.
This is an action in replevin, brought by the appellee against the appellant, before a justice of the peace, to recover one light spring wagon. Judgment was rendered for the plaintiff, “no appearance being made by the defendant.” The defendant appealed to the county court, where a trial was had to the court without the intervention of a jury, and judgment was rendered in favor of the plaintiff, from which the defendant appeals to this court.
It is assigned for error that the court overruled the defendant’s motion to dismiss the suit at plaintiff’s costs and award writ of retorno hdbendo,…
2Cited by15 opinions
- Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
- Johnson v. Bailey & AllenSupreme Court of Colorado · 1891
- Williams v. MellorSupreme Court of Colorado · 1888
- White House Mountain Gold Mining Co. v. PowellSupreme Court of Colorado · 1902
- Charles v. AmosSupreme Court of Colorado · 1887
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