Hexter v. Clifford
Supreme Court of Colorado
Error to District Court of Arapahoe County. Hexter, the plaintiff in error, on the 30th of June, 1879, filed his complaint in the District Court of Arapahoe County, against John 8. Langrishe, Thomas Clifford, and Michael D. Clifford. The complainant alleges, “that Hexter recovered judgment in the County Court of Arapahoe, against Langrishe, in January, 1879, for $1,432. That execution was issued, and returned in part satisfied.
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Error to District Court of Arapahoe County. Hexter, the plaintiff in error, on the 30th of June, 1879, filed his complaint in the District Court of Arapahoe County, against John 8. Langrishe, Thomas Clifford, and Michael D. Clifford. The complainant alleges, “that Hexter recovered judgment in the County Court of Arapahoe, against Langrishe, in January, 1879, for $1,432. That execution was issued, and returned in part satisfied. That Thomas Clifford received a conveyance of certain lands in Arapahoe county from Langrishe, in February, 1871, in trust, to secure the payment of $8,400 and…
1Opinion of the CourtBeck, J.
This record presents the question whether the remedy provided by the Code of civil procedure for reaching money or property of a judgment debtor in the hands of other persons was designed to be an exclusive remedy, or whether a bill in equity, in the nature of á creditor’s bill, may still be maintained. The provisions of our Code upon this subject are almost a literal transcript of the provisions of the Code of California on the same subject, and are similar to the provisions of the Codes of Wisconsin and New York. In California it is held that the remedy was intended as a substitute for a…
2Cases cited7 opinions
- Graff v. . BonnettNew York Court of Appeals · 1865
- Campbell v. . FosterNew York Court of Appeals · 1866
- Adams v. HackettCalifornia Supreme Court · 1857
- Brennan v. FordCalifornia Supreme Court · 1873
- Brown v. MartinCalifornia Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Herrlich v. KaufmannCalifornia Supreme Court · 1893
- Hunt v. HaytSupreme Court of Colorado · 1887
- Barnes v. Union Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1893
- Foot v. BurrSupreme Court of Colorado · 1907
- Agnew v. CroninCalifornia Court of Appeal · 1957
14 more not listed; retrieve them via the Exa API.