Rocky Mountain Oil Co. v. Central National Bank
Rocky Mountain Oil Co. v. Central National Bank
Opinion of the Court
delivered the opinion of the court.
Under the theory upon which this case was tried below, and as practically conceded by counsel upon both sides, the main question is, does the testimony establish that the defendant is a corporation whose chief office or place of business was without the state of Colorado at 'the time the affidavit of attachment was filed, and the writ issued, in the sense that its property was subject to attachment on the grounds set out in such affidavit? The expressions in the attachment act, “chief office” or “place of business,” while not strictly synonymous, must be regarded as equivalent. The essential characteristics of each might be very different. The former would ordinarily be the place where the officials charged with the general management of its
The judgment of the lower court should have been for the defendant on the issue made by the traverse of the affidavit of attachment. On this issue its judgment is reversed, and the cause remanded, with directions to enter one in favor of defendant.
Reversed, and Remanded,
070rehearing
On Petition for Re-Hearing.
The sub-division of the attachment act under consideration must be construed in connection with the laws of the state governing the creation of domestic corporations Such corpora
It is obvious that to carry out the intent of the legislature and at the same time harmonize the attachment act with the law governing the creation of domestic corporations, the word “and” must be substituted for “or,” and the subdivision given the construction stated in the main opinion.
Error is assigned to the rendition of the judgment on the note sued upon, as well as on the action of the court in sustaining the attatchment. The entire record is before us. This brings up all auxiliary proceedings for review. Wehle v. Kerbs, 6 Colo., 167.
Rehearing Denied.
Reference
- Full Case Name
- The Rocky Mountain Oil Company v. The Central National Bank of Cleveland
- Status
- Published