Donald Co. v. Dubinsky

Decided October 1, 1923

Supreme Court of Colorado · decided 1923-10-01

<p>1. Attachment — Garnishment. The statute permits attachment only in aid of actions upon contract. In garnishment proceedings under writ of attachment in aid of an action in tort, it is held that the garnishee was properly discharged.</p>

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Affirmed · Decided 1923-10-01

How this case has been cited

Cited by 5 later decisions — most recently January 1990

1 federal appellate · 1 district · 3 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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Mr. Justice Denison

¶1delivered the opinion of the court.

¶2The plaintiff in error brought suit against defendant in error for damages for deceit, and garnished a bank by attachment. On joint motion of the defendant and the garnishee the court discharged the garnishee. The plaintiff brings error and moves for supersedeas.

¶3The discharge of the garnishee was right because the action was in tort and the statute permits attachment only in aid of actions upon contract. Code 1921, § 97.

¶4Supersedeas denied and judgment affirmed.

¶5Mr.'Chief Justice Teller and Mr. Justice Sheafor concur.