Legal Opinion

Seerie v. Brewer

Supreme Court of Colorado

Decided April 15, 1907No. 5318; No. 2956 C. APublishedCited by 2 opinions

Appeal from the District Coitrt of the City and County of Denver. Hon. John I. Mullins-, Judge. Action by Eugene L. Brewer against David D. Seerie, sheriff of Arapahoe connty, and The McCormick Harvesting Machine Company. From a judgment for plaintiff, defendants appeal.

1Opinion of the CourtJustice Campbell

delivered the opinipn of the court:

The complaint, by a judgment debtor, contains two causes of action. The first, based upon section 2564, Mills’ Ann. Stats., is for treble damages, against a sheriff and the judgment creditor for taking and seizing and selling under an execution, ¡property of the judgment debtor exempted by law from levy and sale. The second is for an excessive and malicious levy. I

The court at the trial sustained defendants’ motion for a nonsuit to the second cause of action, and the jury returned a verdict against the defendants, upon which judgment went, for treble…

2Cases cited3 opinions

  1. Moffatt v. TenneySupreme Court of Colorado · 1892
  2. Harrington v. SmithSupreme Court of Colorado · 1890
  3. Weil v. NevittSupreme Court of Colorado · 1892

3Cited by2 opinions

  1. Snapp v. ManningSupreme Court of Colorado · 1925
  2. Second Industrial Bank v. SurrattSupreme Court of Colorado · 1934

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