Gallup v. Wilder

Decided February 15, 1871

Supreme Court of Colorado · decided 1871-02-15

<p>Practice—assessing damages on default. In trespass de bonis upon defaulting the defendant, the damages must be assessed by a jury.</p>

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Decided 1871-02-15

How this case has been cited

Cited by 5 later decisions — most recently March 1989

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Cueiam.

¶1This was an action of trespass de bonis asportatis, brought by George G. Wilder and others, as trustees of “ The Colorado Oil Association,” against Francis Gallup et al. There was a judgment taken in the court below by default, and the damages assessed without the intervention of a jury. In a case of this kind the assessment of damages by the court was clearly erroneous. A jury should have been called. See the case of Jones v. Stevens, ante, 67, decided by this court. The judgment of the court below is reversed and remanded for further proceedings.

¶2Reversed.