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MOSELEY v. SMITH

No. 22424.

460 P.2d 222 (1969)

F. Y. MOSELEY, Plaintiff in Error, v. N. A. SMITH, Defendant in Error.

Supreme Court of Colorado, In Department.

October 27, 1969.

Attorney(s) appearing for the Case

Elizabeth L. Guyton, Rocky Ford, Ralph N. Wadleigh, La Junta, for plaintiff in error.

Rexford L. Mitchell, Rocky Ford, for defendant in error.

KELLEY, Justice.

Smith, a feedlot operator, filed a petition to foreclose his agistor's lien claiming $4,365.12 for wintering Moseley's cattle. Moseley filed a separate action in replevin in an attempt to get possession of his cattle. The court restrained both parties pending consolidation of the cases and a trial on the merits. After the causes were consolidated Moseley filed a counterclaim alleging that Smith was negligent in the care and feeding of the cattle and...

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