Roberts v. Hawn
Supreme Court of Colorado
Appeal from the District Court of Eagle County. Replevin for a portable sawmill, horses, harness, wagons, lumber and other personal property seized by appellant Roberts, as sheriff, under certain writs of attachment and execution issued in favor of one H. R. Kamm against George F. Wright. After the levy, of the writ of replevin Kamm secured the release of the property by giving a forthcoming bond.
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Appeal from the District Court of Eagle County. Replevin for a portable sawmill, horses, harness, wagons, lumber and other personal property seized by appellant Roberts, as sheriff, under certain writs of attachment and execution issued in favor of one H. R. Kamm against George F. Wright. After the levy, of the writ of replevin Kamm secured the release of the property by giving a forthcoming bond. Kamm afterwards obtained judgment against Wright and the property was sold to satisfy the same. In the replevin suit judgment was entered in favor of appellee Hawn for the value of the property and…
1Opinion of the Court
Chiee Justice Hayt
delivered the opinion of the court.
Although the evidence is not without conflict, we are relieved by the verdict of the jury from considering the weight to be attached thereto. There is, however, an important question of law involved in the controversy, upon the determination of which the judgment of the court below must stand or fall. It arises in this way: On or prior to the 7th day of November, 1889, George F. Wright was the owner in possession of the sawmill and other property in dispute. *78At this time he was indebted to laborers about the mill, and to Kamm and others for…
2Cases cited3 opinions
- Watson v. RodgersCalifornia Supreme Court · 1879
- Booth v. ChapmanCalifornia Supreme Court · 1881
- Finding v. HartmanSupreme Court of Colorado · 1890
3Cited by2 opinions
- First National Bank v. FollettColorado Court of Appeals · 1904
- First National Bank v. FollettColorado Court of Appeals · 1904