Seeleman v. Hoagland
Supreme Court of Colorado
Appeal from the District Court of Jefferson County. Action of claim and delivery of personal property. Charles B. Seeleman, plaintiff, alleges that on the 17th day of August, 1889, he was the owner, and entitled to the possession of certain goods and chattels of the value of $1,500; that on that day the defendant wrongfully took them from his possession.
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Appeal from the District Court of Jefferson County. Action of claim and delivery of personal property. Charles B. Seeleman, plaintiff, alleges that on the 17th day of August, 1889, he was the owner, and entitled to the possession of certain goods and chattels of the value of $1,500; that on that day the defendant wrongfully took them from his possession. The defendant answered, 1st: By a general denial, and 2d, justified the taking, as sheriff of Jefferson county, under and by virtue of a certain writ of attachment issued in an action wherein C. M. Henderson & Company are plaintiffs and…
1Opinion of the Court
Mbr. Justice Goddard
delivered the opinion of the court.
Numerous errors are assigned, but we deem it necessary to notice only those that are predicated upon the refusal of the court to give instruction numbered 4, asked by plaintiff, and the submission of the question to the jury whether the sale of the goods in controversy was fraudulent as to the creditors of Edwards, under the issues presented by the pleadings.
Counsel for appellee insists that that question was properly submitted; first, because in the action in replevin the plaintiff must recover, if at all, upon the strength of his own…
2Cases cited6 opinions
- Prewit v. WilsonSupreme Court of the United States · 1881
- Tucker v. ParksSupreme Court of Colorado · 1883
- De Votie v. McGerrSupreme Court of Colorado · 1890
- Grimes v. HillSupreme Court of Colorado · 1890
- Benesch v. WaggnerSupreme Court of Colorado · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Tibbetts v. TerrillSupreme Court of Colorado · 1908
- Coos Bay Railroad v. SiglinOregon Supreme Court · 1894
- Howard v. FisherSupreme Court of Colorado · 1929
- Riethmann v. GodsmanSupreme Court of Colorado · 1896
- Nicholls v. McShaneColorado Court of Appeals · 1901
7 more not listed; retrieve them via the Exa API.