Legal Opinion

First National Bank v. Neill

Montana Supreme Court

Decided October 2, 1893PublishedCited by 14 opinions

Appeal from First Judicial District, Lewis and Clarke County. Action by judgment creditor against garnishee. Judgment was rendered for the defendant below by Hunt, J. Statement of the case by the justice delivering the opinion. The plaintiff herein is a judgment creditor of the defendant Henry Neill. It brings this action to obtain moneys which it claims are in the hands of defendant, the board of county commissioners, and which belong to its judgment debtor, Henry Neill.

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Appeal from First Judicial District, Lewis and Clarke County. Action by judgment creditor against garnishee. Judgment was rendered for the defendant below by Hunt, J. Statement of the case by the justice delivering the opinion. The plaintiff herein is a judgment creditor of the defendant Henry Neill. It brings this action to obtain moneys which it claims are in the hands of defendant, the board of county commissioners, and which belong to its judgment debtor, Henry Neill. In the former action of the bank against Henry Neill, the action in which it obtained judgment against Neill,. it caused…

1Opinion of the CourtDe Witt, J.

It is observed that the plaintiff herein was a judgment creditor of the defendant Henry Neill, in an action other than the one at bar. In that action the defendant herein the board of county commissioners was garnished. It replied that under a contract between it and the firm of R. A. Bell & Co., of- which Henry Neill was a member, there were moneys due to that firm. On the trial of this case, it developed that part of the moneys in the hands of the board of county commissioners belonged to Bell. This was conceded by all parties, and was so found. It also appeared, and was found, that the…

2Cases cited3 opinions

  1. Wheeler v. City of ChicagoIllinois Supreme Court · 1860
  2. Hibbard v. TomlinsonMontana Supreme Court · 1874
  3. Rader v. NottinghamMontana Supreme Court · 1874

3Cited by14 opinions

  1. Stackpole v. HallahanMontana Supreme Court · 1895
  2. Wisdom v. Board of SupervisorsSupreme Court of Iowa · 1945
  3. Hansen v. City of HavreMontana Supreme Court · 1941
  4. Montana Ore Purchasing Co. v. LindsayMontana Supreme Court · 1901
  5. State Ex Rel. McCabe v. District CourtMontana Supreme Court · 1938

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