Glenn v. Brush
Supreme Court of Colorado
Error to the District Court of Arapahoe County. This was an action of replevin, brought in August, 1871, by Lockhart T. Glenn and George O. Talpey against Jared L. Brush, sheriff, in the Weld county district court, to recover possession of a herd of Texas cattle, numbering between seven hundred and eight hundred head, a number of calves,- being the increase of the herd, six horses, two yoke of work oxen, a wagon, etc.
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Error to the District Court of Arapahoe County. This was an action of replevin, brought in August, 1871, by Lockhart T. Glenn and George O. Talpey against Jared L. Brush, sheriff, in the Weld county district court, to recover possession of a herd of Texas cattle, numbering between seven hundred and eight hundred head, a number of calves,- being the increase of the herd, six horses, two yoke of work oxen, a wagon, etc. This property had been seized upon and detained on a writ of attachment issued out of the Weld county district court, on the 22d day of September, 1870, at the suit of J. W.…
1Opinion of the CourtStone, J.
A motion.was made for a continuance, based upon an affidavit made by one of the attorneys of the plaintiffs.
*31It is stated in the affidavit that one Rufus E. Talpey is a material witness for the plaintiff; that he is sick; that by him they can prove the ownership of the property in question to be in the plaintiffs.
Ownership involves the legal or rightful title, and whether one has a title to property depends upon facts: certain facts must be proven to show title. In an affidavit for a continuance, facts must be set forth with sufficient certainty to enable the court to determine the materiality…
2Cases cited12 opinions
- Rogers v. ArnoldNew York Supreme Court · 1834
- Campbell v. HowardMassachusetts Supreme Judicial Court · 1809
- Griffin v. SeymourSupreme Court of Iowa · 1863
- Woodbury v. BowmanCalifornia Supreme Court · 1859
- Sherman v. DilleyNevada Supreme Court · 1867
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3Cited by7 opinions
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- Stokes v. FarnsworthU.S. Circuit Court for the District of Utah · 1900
- J. E. Haddock, Ltd. v. PillsburyDistrict Court, N.D. California · 1945
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