UNITED STATES RUBBER CO. v. ASHBACK

No. 22288.

422 P.2d 372 (1967)

UNITED STATES RUBBER COMPANY, a Corporation, Plaintiff in Error, v. John ASHBACK, Quincy Ashback, Durango Business Buildings, Inc., a Colorado Corporation, Animas Realty Company, a Colorado Corporation, and William Thompson, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied January 30, 1967.


Attorney(s) appearing for the Case

Emigh & Emigh, Durango, for plaintiff in error.

No brief for defendants in error.


MOORE, Justice.

On December 23, 1958, plaintiff in error, hereinafter referred to as the plaintiff, obtained a judgment against John Ashback (and others not involved in this controversy) for approximately $30,000. On January 9, 1959, an execution based on the judgment was placed in the hands of the sheriff of La Plata county. A nulla bona return was made by the sheriff on this execution.

There was some evidence tending to prove that after expiration of the...

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