Wilson v. Barbour
Montana Supreme Court
Appeal from District Court, Lewis and Clarice County; 11. C. Smith, Judge. Statement of the case by the justice delivering the opinion. Appeal from an order refusing to discharge a writ of attachment. On August 6, 1897, the receiver of the First National Bank of Helena, Montana, filed his complaint, setting up seven causes of action arising out of a like number of express contracts for the direct payment of money, executed by the defendant to said bank.
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Appeal from District Court, Lewis and Clarice County; 11. C. Smith, Judge. Statement of the case by the justice delivering the opinion. Appeal from an order refusing to discharge a writ of attachment. On August 6, 1897, the receiver of the First National Bank of Helena, Montana, filed his complaint, setting up seven causes of action arising out of a like number of express contracts for the direct payment of money, executed by the defendant to said bank. Promissory notes are the subjects of the several causes of action; the first being a note for $83.05, the second one for $31,986.50, the…
1Opinion of the CourtPigott, J.
Sections 914, 915, and 916 of the Code of Civil Procedure are as follows:
1 Section 914. The defendant may also at any time, either before or after the release of the attached property, or before any attachment shall have been actually levied, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or to a judge thereof, that the writ of attachment be discharged on the ground that the same was improperly or irregularly issued.
“Section 915. If the motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may…
2Cases cited6 opinions
- Tilton v. CofieldSupreme Court of the United States · 1876
- Sharman v. HuotMontana Supreme Court · 1898
- Newell v. WhitwellMontana Supreme Court · 1895
- Hubbard v. HaleyWisconsin Supreme Court · 1897
- Mendes v. FreitersNevada Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Gibson v. Morris State BankMontana Supreme Court · 1914
- Brice v. BriceMontana Supreme Court · 1915
- Hamilton v. NelsonMontana Supreme Court · 1899
- Jenkins v. First National BankMontana Supreme Court · 1925
- Northern Montana Ass'n of Credit Men v. HaugeMontana Supreme Court · 1940
3 more not listed; retrieve them via the Exa API.