Westcott v. Bock
Supreme Court of Colorado
Error to District Court, Arapahoe County. The .declaration contained two counts, the first for taking, and the second for detaining, a wagon, the property of the plaintiff.
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Error to District Court, Arapahoe County. The .declaration contained two counts, the first for taking, and the second for detaining, a wagon, the property of the plaintiff. The defendant pleaded: 1st. Non cepit; 2. Non detinet; 3. Property in himself; 4. That in an action of replevin brought by the plaintiff against him in the probate court of Arapahoe county for the same goods and chattels he recovered judgment against the plaintiff for the return of the goods, and for $50 damages for the detention thereof, and for costs of suit. To this last plea the plaintiff replied that the judgment of…
1Opinion of the CourtBeleobd, J.
Bock instituted a suit in replevin against Westcott, on the 20th of November, 3871, in the probate court of Arapahoe county, to recover a certain wagon, alleged to be wrongfully in the possession of Westcott. The case being called, and Bock not appearing, a judgment of dismissal was entered for want of prosecution, a writ of retorno Tiabendo awarded, and $50 allowed the defendant for the detention of the property. Bock then brought his *337action in replevin against Westcott in the district court, for the property which had been taken in the first suit. The defendant relied on the adjudication…
2Cases cited2 opinions
- Johnston v. JonesSupreme Court of the United States · 1862
- Daggett v. RobinsIndiana Supreme Court · 1831
3Cited by2 opinions
- Denver & Rio Grande R. R. v. IlesSupreme Court of Colorado · 1898
- Hansen v. JonesSupreme Court of Colorado · 1946