Legal Opinion

Metzler v. James

Supreme Court of Colorado

Decided December 15, 1888Published

Appeal from Superior Court of Denver. Action by Philip W. James against Hannah Metzler for an account and redemption under a mortgage of merchandise. Edward H. Cadwell, one of the mortgagors, refused to join as plaintiff, and was made defendant. Decree for plaintiff, and Mrs. Metzler appeals. The facts are stated in the opinion.

1Opinion

ON REHEARING.

De France, C.

In the opinion announced in this case it is held that the execution sale under the Lyster judgment was irregular and void, and that the damages awarded to appellee should be permitted to stand.

It is insisted, upon the rehearing allowed, that these rulings are not correct. Upon a careful reconsideration of the questions involved, giving due consideration to the suggestions of counsel, we must adhere to- the conclusions reached. The facts are stated in the opinion of the court, and the language of the opinion should be consid*332ered and applied with reference to the…

Also in this document: Per curiam.

2Cases cited7 opinions

  1. Webster v. SteeleIllinois Supreme Court · 1874
  2. Hebel v. Amazon InsuranceMichigan Supreme Court · 1876
  3. Pike v. ColvinIllinois Supreme Court · 1873
  4. May v. BakerIllinois Supreme Court · 1853
  5. Prior v. WhiteIllinois Supreme Court · 1850

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