Brasher v. Holtz
Supreme Court of Colorado
Appeal from County Court of Arapahoe County. This was an action originally commenced on September 2J, 1883, before a justice of the peace by Benjamin P. Brasher, the appellant, against John Holtz, in which writ of attachment then issued, and a horse and buggy were seized thereunder the same day; whereupon the appellee, Catharine Holtz, claiming the same as her property, filed her affidavit for a trial of the right of property, as provided by section 88, chapter 62, General…
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Appeal from County Court of Arapahoe County. This was an action originally commenced on September 2J, 1883, before a justice of the peace by Benjamin P. Brasher, the appellant, against John Holtz, in which writ of attachment then issued, and a horse and buggy were seized thereunder the same day; whereupon the appellee, Catharine Holtz, claiming the same as her property, filed her affidavit for a trial of the right of property, as provided by section 88, chapter 62, General Statutes. Upon the trial of the case judgment was given by the justice against the said defendant, John Holtz, for the…
1Opinion of the Court
Stallcup, 0.
Upon this appeal it is assigned and argued that the said finding and judgment were contrary to the evidence, and that the court erred in the amount of damages allowed.
The claimant, appellee, was the wife of the defendant in the original action, and while there were some facts in the evidence of the character to create a doubt of the bona fides of her claim of right to and ownership of the horse and buggy, yet there were many facts of the character to sustain the bona fides thereof sufficient to warrant the finding to that effect.
Said section 88 provides as follows: “If any person…
2Cases cited3 opinions
- Garrett v. WoodSupreme Court of Kansas · 1865
- Cassin v. MarshallCalifornia Supreme Court · 1861
- County of Saguache v. DeckerSupreme Court of Colorado · 1887
3Cited by3 opinions
- Corthell v. MeadSupreme Court of Colorado · 1894
- Brown v. First National BankSupreme Court of Colorado · 1911
- Carter v. BunigerSupreme Court of Colorado · 1943