15 Colo. 295 | Colo. | 1890
This is an action in trover brought by George W. Oole against Ziegler Bros, and William Brandon, to recover the value of certain property, consisting of sleds and a threshing machine, which Cole averred they had wrongfully seized and converted. The answer contained a denial of the various allegations of the Complaint, and an affirmative defense in justification of the seizure. This defense contained all the requisite allegations to show a recovery of judgment by Ziegler Bros, against William Cole, and the issuance of process upon the judgment, under which Brandon, the officer, seized the property in dispute as the property of the defendant in the execution. There was no controversy
The judgment cannot he reversed upon this ground. The judgment of the court below upon the subject-matter of the controversy finds ample support in the testimony which is contained in the record. The judgment is neither unsupported by the testimony, nor is it manifestly against its weight; on the contrary, on the record, as it stands, the judgment of this court would be in harmony with the findings of the judge who tried the case. Under these circumstances, according to the rules which this court has established, and which are held to govern in such cases, it is
Biohmond and Beed, CO., concur.
Por the reasons stated in the foregoing opinion the judgment is affirmed.
Affirmed.