Dackich v. Barich
Montana Supreme Court
Appeal from, District Court, Deer Lodge County; Geo. B. Winston, Judge. Action by George Dackich against George Baricb and another, to recover on an undertaking given to secure the release of an attachment. From a judgment for plaintiff and from an order denying a new trial, defendants appeal. The amended complaint does not state a cause of action.
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Appeal from, District Court, Deer Lodge County; Geo. B. Winston, Judge. Action by George Dackich against George Baricb and another, to recover on an undertaking given to secure the release of an attachment. From a judgment for plaintiff and from an order denying a new trial, defendants appeal. The amended complaint does not state a cause of action. Under the rule laid down by this court in O’Keefe v. Dyer, 20 Mont. 477, “A bond by which the obligor binds himself in a sum of money for the performance of the condition thereof is prima facie a penal obligation.” Such is the bond in this case,…
1Opinion of the CourtJustice Smith
Plaintiff and respondent filed his complaint in the district court of Deer Lodge county, wherein he alleged: That, in an action theretofore begun in said district court, he, as plaintiff, sought to recover from one Milkovieh the sum of $500; that on October. 14, 1905, an attachment against the property of Milkovich was issued, and on the same day the sheriff levied upon, seized and took into his possession a one-third interest in a certain stock of merchandise; that afterward, and between the fourteenth day of October and the eighteenth day of October, Milkovieh and the defendants executed…
2Cases cited11 opinions
- Pierce v. WhitingCalifornia Supreme Court · 1883
- Curiac v. PackardCalifornia Supreme Court · 1865
- Smith v. FargoCalifornia Supreme Court · 1881
- Bailey v. Aetna Indemnity Co., of HartfordCalifornia Court of Appeal · 1907
- Palmer v. VanceCalifornia Supreme Court · 1859
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3Cited by4 opinions
- Hodgkiss v. Northland Petroleum ConsolidatedMontana Supreme Court · 1937
- Clark v. National Surety Co.Montana Supreme Court · 1927
- Sloan v. YoungMontana Supreme Court · 1930
- Covrig v. PowersNevada Supreme Court · 1958