First National Bank v. Lieuallen
Idaho Supreme Court
APPEAL from District Court, Latah County. The court erred in holding that the attachment in the case of J. W. Lieuallen and H. J. Lestoe, copartners, doing business under the firm name and style of Lieuallen & Lestoe, plaintiffs, against Andrew Clyde, doing business under the name and style of Andrew Clyde Company, defendants, was invalid.
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APPEAL from District Court, Latah County. The court erred in holding that the attachment in the case of J. W. Lieuallen and H. J. Lestoe, copartners, doing business under the firm name and style of Lieuallen & Lestoe, plaintiffs, against Andrew Clyde, doing business under the name and style of Andrew Clyde Company, defendants, was invalid. If the attachment proceedings were regular and valid in every respect, the lien of the appellants, Lieuallen & Lestoe, would relate to the nineteenth day of November, 1892, by virtue of the lien of attachment. Whereas, the mortgage of the Palouse Bank was…
1Opinion of the CourtSullivan, J.
This is an appeal from a judgment and ■decree of foreclosure. The facts are substantially as follows: The defendants Lieuallen and Lestoe brought suit against the ■defendant Andrew Clyde, doing business under the name of the Andrew Clyde Company, on the 19th of November, 1892, to Tecover the sum of $1,041.09, with interest and costs; and an •attachment was duly issued in said action, and levied upon the land described in the complaint in this action. Thereafter, on the twentieth day of December, 1893) Lieuallen and Lestoe obtained judgment in said suit for the sum of $1,446.84. On the…
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