Fleming v. Baxter
Supreme Court of Colorado
Error to the County Court of Arapahoe County. On the 13th day of May, 1890, Joseph FT. Baxter, the defendant in error, filed his complaint in the county court of Arapahoe county, against Emily Waddington and Joseph Waddington, to recover upon certain promissory notes executed by them, and sued out a writ of attachment upon the ground that defendants were nonresidents of the state of Colorado; and caused-William K. Fleming, the plaintiff in error, to be summoned as garnishee.
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Error to the County Court of Arapahoe County. On the 13th day of May, 1890, Joseph FT. Baxter, the defendant in error, filed his complaint in the county court of Arapahoe county, against Emily Waddington and Joseph Waddington, to recover upon certain promissory notes executed by them, and sued out a writ of attachment upon the ground that defendants were nonresidents of the state of Colorado; and caused-William K. Fleming, the plaintiff in error, to be summoned as garnishee. On the 24th day of May, 1890, the garnishee answered that he was in no manner indebted to defendants, and that he had…
1Opinion of the CourtJustice Goddard
The liability of the garnishee, as well as the validity of the judgment against the defendants in the main suit, is contingent upon the possession by the garnishee of the notes sought to be impounded at the time of the service of the garnishee summons, since the attachment of property of the nonresident defendants within the state was an essential prerequisite to the jurisdiction of the court to render a judgment against them in the main action, and to the collateral liability of the garnishee. The burden of proving the existence of this fact devolved upon the plaintiff in the attachment suit.
2Cited by5 opinions
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- Forsyth v. RyanColorado Court of Appeals · 1902
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