Greig v. Ware
Supreme Court of Colorado
Error to the District Court of Garfield County. This action was originally commenced by Greig, plaintiff in error, against J. F. Clement and J. C. Kendall, to recover possession of chattels, and damages for their alleged wrongful detention by these parties. At the instance of Greig a writ of replevin issued, by virtue of which the property was delivered to him.
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Error to the District Court of Garfield County. This action was originally commenced by Greig, plaintiff in error, against J. F. Clement and J. C. Kendall, to recover possession of chattels, and damages for their alleged wrongful detention by these parties. At the instance of Greig a writ of replevin issued, by virtue of which the property was delivered to him. In the caption to the complaint, these defendants were respectively designated deputy sheriff and sheriff ‘of Garfield county. The plaintiff claimed these goods.as the mortgagee of one Max Morris, whose creditors, subsequent to the…
1Opinion of the CourtJustice Gabbert
On the foregoing record plaintiff assigns numerous errors, but a consideration of the following propositions will be sufficient for a determination of the case:
First. Power of the court to require plaintiff to file a new replevin bond, and enforce obedience to such order in the manner adopted by the trial court.
Second. The regularity of the proceedings, substituting Ware as defendant.
The issuance of a writ of replevin in advance of a judgment settling the rights of the parties in an action for the claim and delivery of personal property is a provisional remedy, which can only be invoked in…
2Cases cited2 opinions
- Greig v. ClementSupreme Court of Colorado · 1894
- Stillman v. SquireCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by5 opinions
- Board of Revenue v. MerrillSupreme Court of Alabama · 1915
- Thompson v. Tobacco Root Co-Op. State Grazing DistrictMontana Supreme Court · 1948
- White v. JacksonColorado Court of Appeals · 1978
- People ex rel. Schayer v. KendallColorado Court of Appeals · 1899
- People ex rel. Schayer v. KendallColorado Court of Appeals · 1899