Illinois Sewing Machine Co. v. Harrison
Supreme Court of Colorado
Appeal from the District Court of the City and County of Denver. Ron. Frank T. Johnson, Judge. Action by the Illinois Sewing Machine Company against Mark Harrison. From an order sustaining a demurrer to the complaint, and dismissing the action, plaintiff appeals.
1Opinion of the CourtJustice Campbell
1. The first point made is that in an action of claim and delivery of personal property a general allegation of ownership by plaintiff is insufficient; that coupled therewith should be an allegation that plaintiff is entitled to possession. It is settled in this state, and seems to be the rule elsewhere, that a general allegation of ownership of property is sufficient. It was so held in Shipton v. Norrid, 1 Colo. 404, under the territorial practice act, and the rule has not been changed by our code of procedure. In Baker v. Cordwell, 6 Colo. 199, a complaint in which *364' there was a general…
2Cases cited9 opinions
- Taber v. Interstate Building & Loan Ass'nTexas Supreme Court · 1897
- Utley v. Clark-Gardner Lode Mining Co.Supreme Court of Colorado · 1878
- Baker v. CordwellSupreme Court of Colorado · 1882
- Hanna v. BarkerSupreme Court of Colorado · 1882
- Benesch v. WaggnerSupreme Court of Colorado · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lewis J. Selznick Enterprises v. Harry I. Garson ProductionsMichigan Supreme Court · 1918
- Bush v. BushUtah Supreme Court · 1919
- Rocky Mountain Seed Co. v. McArthurSupreme Court of Colorado · 1928
- Utah Nursery Co. v. MarshSupreme Court of Colorado · 1909
- Muhs v. River Rats, Inc.District Court, S.D. Georgia · 2008
5 more not listed; retrieve them via the Exa API.