Kalberer v. Wilmore

This w,as an action by the defendant in error against the plaintiff in error on account. It has been before the Appellate Courts twice before. 24 Colo. App. 209, 133 Pac. 763; 61 Colo. 136, 156 Pac. 593.

There was a writ of attachment issued and apparently undetermined upon former trials. The sole question here arises upon the trial of the traverse to the affidavit in attachment. This question was tried to a jury. The court instructed the jury as follows:

“1. The issue now on trial in this case is presented by plaintiff’s affidavit in attachment and defendant’s traverse thereof.

The affidavit…