Cramer v. Oppenstein
Supreme Court of Colorado
Appeal from Superior Court of Denver. This suit arises out of the same transaction as the preceding case between the same parties decided at this sitting of the court {ante, p. 495). At the execution sale the merchandise belonging to the Oppenstein stock was sold in bulk for the gross sum of $8,000. The fixtures were sold to other parties for about $139.25. After the merchandise was thus sold, paid for, and possession taken, the purchaser claimed $537 as a rebate, on the…
Read the full summary
Appeal from Superior Court of Denver. This suit arises out of the same transaction as the preceding case between the same parties decided at this sitting of the court {ante, p. 495). At the execution sale the merchandise belonging to the Oppenstein stock was sold in bulk for the gross sum of $8,000. The fixtures were sold to other parties for about $139.25. After the merchandise was thus sold, paid for, and possession taken, the purchaser claimed $537 as a rebate, on the ground that there was a shortage in the goods delivered as compared with the inventory under which he purchased. The…
1Opinion of the CourtJustice Elliott
There is very little controversy as to the facts of this case. Under the assignment of errors the principal question to be determined is whether or not the finding of the trial court was warranted by the law under the evidence submitted.
In seizing and selling property upon execution the sheriff does not act as an agent selected by the execution debtor. As to the debtor the proceeding is adverse; it is ininvitum. The sheriff derives his authority directly from the law by virtue of the process in his hands, and not from the owner *506of the property. In executing his writ he is bound to pursue the…
2Cases cited1 opinion
- Whitney v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
3Cited by12 opinions
- Vindicator Consolidated Gold Mining Co. v. FirstbrookSupreme Court of Colorado · 1906
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- Leonard v. RobertsSupreme Court of Colorado · 1894
- Cripple Creek Mining Co. v. BrabantSupreme Court of Colorado · 1906
- E. D. Metcalf Co. v. GilbertWyoming Supreme Court · 1911
7 more not listed; retrieve them via the Exa API.