Turner v. Hahn

Citation1 Colo. 23
Case DateJuly 01, 1867
CourtSupreme Court of Colorado

1 Colo. 23

TURNER
v.
HAHN.

Supreme Court of Colorado

July, 1867


[1 Colo. 24]

Appeal from District Court, Gilpin County.

AT the trial G. E. Guinn testified on behalf of the plaintiff, that on 9th of September, 1865, he sold and delivered to plaintiff seven head of beef cattle, one of which was a blue roan steer about four years old, which would weigh twelve hundred pounds gross, and six hundred pounds net, worth about $100. On the eleventh of September he understood the blue roan steer had broken out and was gone; that he inquired for the steer and noticed for him; that he purchased the steer of Gartin, a ranchman, in Boulder county about the 1st of August, 1865, and kept possession of him until he sold him to plaintiff; when he purchased the steer he was branded on left hip with letter F, and had his left ear cropt; witness branded him on left shoulder with the letter F. About the last of November, or first of December, 1865, witness saw the steer at defendant's slaughter-house in Central City; witness went with plaintiff to defendant's shop that night, and had a conversation with defendant about the steer; defendant said he purchased the steer 15th August, 1865, of Gartin, and that he branded all the cattle purchased of Gartin on the loins with the letter F. Plaintiff and defendant agreed to go the next morning and see the steer; witness and plaintiff went up the next day about 9 o'clock, A. M. Defendant said there was no need of his going, and told plaintiff he would not go; witness saw the hide and head of said steer in defendant's slaughter-house, and found the same brands on it; witness testified that it was the hide of the blue-roan steer; defendant purchased cattle of Gartin about two weeks after witness did; the [1 Colo. 25] steer was of a peculiar color; never saw one before or since of such a color.

Defendant read the deposition of James B. Tourtellot, who testified that, on 6th of September, 1865, he took a steer from Gartin's ranch for defendant, and afterward turned him over to defendant; that the steer was a brindle with staggy horns; that on the 3d of September, 1865, Turner, the defendant, turned over to him to ranch, fourteen head of cattle, one of which was a roan or reddish roan steer, branded F on left hip, and F on left side between the hip and shoulder blade, pretty well up on the back; that he returned the steer to defendant, in the latter part of September or first of October, 1865.

Thomas Peacock testified, on behalf of defendant, that Tourtellot delivered the roan steer spoken of in his deposition on the 16th of October, 1865; that the steer was taken to Blackhawk, and thence to the Elk meadow ranch to pasture; that the steer was of a blue roan color, about four years old, staggish horns, weighed eight or nine hundred pounds gross; was branded just behind left foreshoulder, pretty high upon the back with letter F, had a circle on...

To continue reading

Request your trial
5 practice notes
  • Batson v. State, 6 Div. 798
    • United States
    • Supreme Court of Alabama
    • 26 Mayo 1927
    ...So. 540; Arkansas Southern Railway Co. v. Loughridge, 65 Ark. 300, 45 S.W. 907; Ferrell v. State, 45 Fla. 26, 34 So. 220; Turner v. Hahn, 1 Colo. 23. The court called upon the parties to exercise their rights under the statute. Counsel for appellant cited three cases from this court in supp......
  • Rose v. Magro, 6 Div. 468.
    • United States
    • Supreme Court of Alabama
    • 24 Octubre 1929
    ...So. 540; Arkansas Southern Railway Co. v. Loughridge, 65 Ark. 300, 45 S.W. 907; Ferrell v. State, 45 Fla. 26, 34 So. 220; Turner v. Hahn, 1 Colo. 23. The court called upon the parties exercise their rights under the statute." It is generally held that it is not necessary that the matte......
  • Seventh Day Adventist Ass'n of Colorado v. Underwood, 13674.
    • United States
    • Colorado Supreme Court of Colorado
    • 20 Julio 1936
    ...their qualifications Before they are sworn, and if this is [99 Colo. 143] not done the right to challenge is waived.' Turner v. Hahn, 1 Colo. 23. See Brooke v. People, 23 Colo. 375, 48 P. 502; Rice v. Dewberry (Tex.Civ.App.) 93 S.W. 715; Flannigan v. State, 124 Neb. 748, 248 N.E. 92. Let th......
  • Carper v. Risdon
    • United States
    • Colorado Court of Appeals of Colorado
    • 9 Mayo 1904
    ...a conversion. If the fact of the conversion otherwise appears, the demand and refusal become immaterial. [19 Colo.App. 536] Turner v. Hahn, 1 Colo. 23; Salida B. & L. Ass'n v. Davis, 16 Colo.App. 294, 64 P. 1046. The letter of Carper's attorney to the plaintiff, which we must presume to......
  • Request a trial to view additional results
5 cases
  • Batson v. State, 6 Div. 798
    • United States
    • Supreme Court of Alabama
    • 26 Mayo 1927
    ...So. 540; Arkansas Southern Railway Co. v. Loughridge, 65 Ark. 300, 45 S.W. 907; Ferrell v. State, 45 Fla. 26, 34 So. 220; Turner v. Hahn, 1 Colo. 23. The court called upon the parties to exercise their rights under the statute. Counsel for appellant cited three cases from this court in supp......
  • Rose v. Magro, 6 Div. 468.
    • United States
    • Supreme Court of Alabama
    • 24 Octubre 1929
    ...So. 540; Arkansas Southern Railway Co. v. Loughridge, 65 Ark. 300, 45 S.W. 907; Ferrell v. State, 45 Fla. 26, 34 So. 220; Turner v. Hahn, 1 Colo. 23. The court called upon the parties exercise their rights under the statute." It is generally held that it is not necessary that the matte......
  • Seventh Day Adventist Ass'n of Colorado v. Underwood, 13674.
    • United States
    • Colorado Supreme Court of Colorado
    • 20 Julio 1936
    ...their qualifications Before they are sworn, and if this is [99 Colo. 143] not done the right to challenge is waived.' Turner v. Hahn, 1 Colo. 23. See Brooke v. People, 23 Colo. 375, 48 P. 502; Rice v. Dewberry (Tex.Civ.App.) 93 S.W. 715; Flannigan v. State, 124 Neb. 748, 248 N.E. 92. Let th......
  • Carper v. Risdon
    • United States
    • Colorado Court of Appeals of Colorado
    • 9 Mayo 1904
    ...a conversion. If the fact of the conversion otherwise appears, the demand and refusal become immaterial. [19 Colo.App. 536] Turner v. Hahn, 1 Colo. 23; Salida B. & L. Ass'n v. Davis, 16 Colo.App. 294, 64 P. 1046. The letter of Carper's attorney to the plaintiff, which we must presume to......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT