Smith v. Jensen
Supreme Court of Colorado
Error to Superior Court of Denver. On Saturday, April 12, 1884, Mrs. E. Grout was engaged in the hardware business at the city of Denver; that is, the same was being carried on in her name. John H. Grout, her husband, had entire control thereof, with full power and authority to sign her name, make contracts and otherwise transact’the same.
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Error to Superior Court of Denver. On Saturday, April 12, 1884, Mrs. E. Grout was engaged in the hardware business at the city of Denver; that is, the same was being carried on in her name. John H. Grout, her husband, had entire control thereof, with full power and authority to sign her name, make contracts and otherwise transact’the same. At the date mentioned the agent of Sherman S. Jewett & Co., of Chicago, who were creditors of Mrs. Grout to the amount of $2,133.60, renewed his application, made a few days previous, for a settlement. Grout appealed to Bliss, of Jensen, Bliss & Co., for…
1Opinion of the CourtChief Justice Helm
1. The first legal proposition urged upon this appeal is that the superior court had no jurisdiction to issue a writ of replevin against the United States marshal, and therefore that its entire proceedings in the premises were void. This subject has already been before us several times, and further discussion thereof is needless. Since permission from the federal court to bring the suit was first asked and obtained, the principle of comity, or of “comity and necessity,” involved was satisfied, and this objection to the jurisdiction of the state court must be overruled. Smith v. Bauer, 9 Colo.…
2Cases cited1 opinion
- Smith v. BauerSupreme Court of Colorado · 1886
3Cited by8 opinions
- Tibbetts v. TerrillSupreme Court of Colorado · 1908
- Riethmann v. GodsmanSupreme Court of Colorado · 1896
- Sylvester v. AmmonsSupreme Court of Iowa · 1904
- Bill Dreiling Motor Co. v. Travelers Indemnity Co.Colorado Court of Appeals · 1971
- Hill v. CorcoranSupreme Court of Colorado · 1890
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