Bowman v. Davis
Supreme Court of Colorado
Appeal from District Court of Gunnison County. This action was originally brought against appellants, together with Louden Mullen and Thornton H. Thomas, to recover damages for the alleged wrongful taking of certain property by appellee. Three separate answers were filed to the complaint — one by defendant Thornton H. Thomas; a second by defendants Bowman and Uhl, sheriff and deputy-sheriff, respectively; and a third by W. and J. W. Mullen and Theodore H. Thomas.
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Appeal from District Court of Gunnison County. This action was originally brought against appellants, together with Louden Mullen and Thornton H. Thomas, to recover damages for the alleged wrongful taking of certain property by appellee. Three separate answers were filed to the complaint — one by defendant Thornton H. Thomas; a second by defendants Bowman and Uhl, sheriff and deputy-sheriff, respectively; and a third by W. and J. W. Mullen and Theodore H. Thomas. It appears that on the 18th of September, 1882, Uhl, the deputy-sheriff, levied upon the property in controversy by virtue of an…
1Opinion of the CourtChief Justice Helm
It is difficult to conceive how Thornton Thomas could escape liability if a tort was committed, and if any of his co-defendants were held. He was one of the principal actors from first to last. As attorney for Louden Mullen he directed and superintended the levy of the execution upon the chattels in controversy. As assignee of the Steele mortgage he received the portion of the goods covered thereby, and disposed of the same thereunder. In any event, the cause should have been in some way determined as to him. He had filed an answer, and was present throughout the trial, vigorously asserting…
2Cases cited5 opinions
- Bates v. ClarkSupreme Court of the United States · 1877
- Ellis v. EssonWisconsin Supreme Court · 1880
- Knapp v. . RocheNew York Court of Appeals · 1884
- Sloan v. HerrickSupreme Court of Vermont · 1877
- Lazarus v. ElySupreme Court of Connecticut · 1878
3Cited by2 opinions
- Ducey v. PattersonSupreme Court of Colorado · 1906
- Chezum v. ParkerWashington Supreme Court · 1898