Catlin v. Moynihan, 10992.

• Decision Date: 07 July 1924
• Docket Number: 10992.
• Citation: 76 Colo. 164,230 P. 1114
• Parties: CATLIN & CATLIN, Plaintiffs in Error, v. Charles J. MOYNIHAN, Deputy Bank Commissioner, in charge of the Home State Bank, and Charles A. W. Gordon, Defendants in Error.
• Court: Colorado Supreme Court

230 P. 1114

76 Colo. 164

CATLIN & CATLIN, Plaintiffs in Error, v. Charles J. MOYNIHAN, Deputy Bank Commissioner, in charge of the Home State Bank, and Charles A. W. Gordon, Defendants in Error.

No. 10992.

Supreme Court of Colorado

July 7, 1924

Rehearing Denied Nov. 10, 1924.

Department 2.

Error to Montrose County Court; S. S. Sherman, Judge. On application for supersedeas. Supersedeas denied.

Judgment affirmed.

Catlin & Catlin, of Montrose, for plaintiffs in error.

Moynihan, Hughes, Knous & Fauber, of Montrose, for defendants in error.

WHITFORD, J.

A verdict for $50 was directed by the court against the plaintiff in error as garnishee. After the evidence was all in and both plaintiff and defendant had rested, each side requested the court to direct a verdict in his favor. We said, in Auto Co. v. Petter, 72 Colo. 570, 212 P. 823, that 'a request by each party for a directed verdict is equivalent to a stipulation that the facts may be found by the court. The court's finding, thereupon made, is conclusive if there is evidence to support it.' There was some conflict in the testimony, but there was abundant evidence to justify the finding in favor of plaintiff below. We find no reversible error in the record. Supersedeas denied, judgment affirmed.

Mr. Justice ALLEN (sitting for Chief Justice TELLER) and Mr. Justice DENISON concur.