Colorado Reports Volume 43

Colorado Reports Volume 43

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: shall not have or exercise any corporate powers, acquire or hold any property, or be permitted to do business or prosecute or defend in any suit in this state until the fee is paid. The court sustained the demurrer, and as plaintiff elected to stand by his complaint, the action was dismissed, and plaintiff is here with its appeal. ' ' Mr. JUSTICE CAMPBELL delivered the opinion of the court: 1. The first point made is that in an action of claim and delivery of personal property a general allegation of ownership by plaintiff is insuflicient; that coupled therewith should be an allegation that plaintiff is entitled to possession. It is settled in this state, and seems to be the rule elsewhere, that a general allegation of ownership of property is sufficient. _ It was so held in Shipton v. Norrid, 1 Colo. 404, under the territorial practice act, and the rule has not been changed by our code of procedure. In Baker v. Corduiell, 6 Colo. 199, a complaint in which there was a general allegation of ownership was held sutficient. In Hanna v. Barker, 6 Colo. 303, 313, it was said that the right to the possession of chattels flowed from the ultimate fact of ownership. In Benesch v. Waggner, 12 Colo. 534, it was said, referring with approval to Baker v. Cordwell, that in an action of claim and delivery plaintiff might declare generally his ownership of the property. Cobbey on Replevin says that the term "owner," in this kind of an action, does not import an absolute and unqualified title, but a right to possession.--Sections 532, 533. In acomplaint, allegation of ownership of the goods and chattels is sufficient.--Sections 590, 591. In Wells on Replevin (2d ed.), section 39, it is said: "Ownership of chattels usually draws to more

Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236803787
  • 9781236803788