Parlin v. Austin
Supreme Court of Colorado
Error to County Court of Boulder County. Motion in the county court to quash the writ of replevin. The cause was originally commenced before a justice of the peace, from whose judgment an appeal was taken. The defendant insisted as ground for his motion that the property seized had not been appraised as required by the statute. The motion prevailed, and the cause was dismissed. The plaintiff then sued out this writ of error.
1Opinion of the CourtThatcher, C. J.
The affidavit was filed and the writ of replevin issued from the justice court on the 4th day of September, A. D. 1876, returnable on the 11th day of the same month. Septémber 6th the writ was served on* the defendant, and the property therein described was seized and retained by the constable until the return day of the writ. When the officer selected the appraisers, the record does not show.
It does appear that on the day of the trial, the appraisers, having taken the required oath, valued the property seized, and that on the same day the constable delivered the property to the plaintiff, he…
2Cited by2 opinions
- Scanlan v. LaCosteSupreme Court of Colorado · 1915
- Bingenheimer Mercantile Co. v. HorningNorth Dakota Supreme Court · 1933