Paul v. Luttrell
Supreme Court of Colorado
Upon motion for supersedeas. Lutteell brought replevin against Paul in the Jefferson district court, and upon the writ of replevin the property was taken by the sheriff and delivered to him. At the last term of this court a judgment theretofore given in the district court was reversed, and the cause was remanded for a new trial.
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Upon motion for supersedeas. Lutteell brought replevin against Paul in the Jefferson district court, and upon the writ of replevin the property was taken by the sheriff and delivered to him. At the last term of this court a judgment theretofore given in the district court was reversed, and the cause was remanded for a new trial. At the October term, 1871, of the district court, a jury was called, and upon their verdict judgment was given for the plaintiff Luttrell, that he have the property, and damages for the detention thereof were adjudged to him, and a retorno foabendo was awarded. Upon…
1Opinion of the Court
Per Cubiam.
Tour motion must be denied. When the former judgment of the district court was reversed, the defendant still remained in court, and was bound to attend and proceed to trial whenever required by the district court. He was not entitled to notice from the plaintiff of his purpose to docket the cause or proceed to trial.
That the plaintiff failed to have the cause docketed, or to file the mandate of this court in the court below at the first term after judgment of reversal, is nothing ; the cause was, nevertheless, pending there, and if the defendant desired any step taken at that time…
2Cited by5 opinions
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- Haggott v. Plains Iron Works Co.Supreme Court of Colorado · 1923