Brown v. Willoughby
Supreme Court of Colorado
Appeal from, the District Court of Arapahoe County. Case for malicious prosecution. In the fall of 1874, Willoughby, the appellee, was sheriff of Arapahoe county. As such officer he levied, at the suit of Brown, the appellant, a writ of attachment upon a stock of dry goods and notions of the property of the firm of Mines and Elliott.
Read the full summary
Appeal from, the District Court of Arapahoe County. Case for malicious prosecution. In the fall of 1874, Willoughby, the appellee, was sheriff of Arapahoe county. As such officer he levied, at the suit of Brown, the appellant, a writ of attachment upon a stock of dry goods and notions of the property of the firm of Mines and Elliott. In April of the following year Brown’s suit ripened into a judgment, he sued out a special execution, and at the request of Brown,Willoughby removed the goods to the auction house of Clark & Co., and advertised the sale, as required by statute. The sale continued…
1Opinion of the CourtThatcher, C. J.
Judgment was entered on the twentieth day of October, A. D. 1877.
April sixteenth, A. D. 1878, the defendant filed his notice of appeal from the final judgment.
No appeal was taken from the order of the court denying the motion for a new trial.
In the latter case notice of appeal must be given within sixty days after the lower court made the order. Code, Sec. 338.
Sec. 346 of the Code provides, “ Upon an appeal from a judgment the court may x-eview any intermediate order involving the mex’its and necessarily affecting the judgment.”
An “intermediate order,” within the meaning of this section, is…
2Cases cited2 opinions
- Goodrich v. WarnerSupreme Court of Connecticut · 1852
- Humphries v. ParkerSupreme Judicial Court of Maine · 1864
3Cited by16 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Montgomery Ward & Co. v. PhersonSupreme Court of Colorado · 1954
- Loloff v. SterlingSupreme Court of Colorado · 1903
- White v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1906
- Gurley v. TomkinsSupreme Court of Colorado · 1892
11 more not listed; retrieve them via the Exa API.