Knutsen v. Phillips
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Kootenai County. Hon. William W. Woods, Judge. Proceeding to dissolve attachment. Application denied. If the words of the affidavit are in substantial compliance with the terms of the statute, that will be sufficient, but where language other than that of the statute is used in the affidavit, it should be clear and substantially equivalent to that used by the statute. (3 Eney.
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APPEAL from the District Court of the First Judicial District, for Kootenai County. Hon. William W. Woods, Judge. Proceeding to dissolve attachment. Application denied. If the words of the affidavit are in substantial compliance with the terms of the statute, that will be sufficient, but where language other than that of the statute is used in the affidavit, it should be clear and substantially equivalent to that used by the statute. (3 Eney. PI. & Pr. 10, 11.) “The statutory requirement of the affidavit is a jurisdictional one, and consequently its omission will render all subsequent…
1Opinion of the CourtSullivan, C. J.
This is an appeal from an order denying a motion for the dissolution of an attachment. A motion has been made to dismiss the appeal upon several grounds, the principal one being that a certificate attached to the transcript is not sufficient to show what papers were considered by the judge in considering the motion to dissolve the attachment. Before the motion to dismiss was finally submitted, a certificate from the judge who decided the matter was filed. That certificate points out specifically what papers were considered on the hearing of said motion and such papers are in the transcript.…
2Cases cited3 opinions
- Ross v. Gold Ridge Mining Co.Idaho Supreme Court · 1908
- Glidden v. WhittierU.S. Circuit Court for the District of Idaho · 1891
- O'Conor v. WitherbyCalifornia Supreme Court · 1896
3Cited by8 opinions
- Bellevue State Bank v. LilyaIdaho Supreme Court · 1922
- Dudacek v. VaughtIdaho Supreme Court · 1916
- Walsh v. NiessIdaho Supreme Court · 1917
- B. J. Carney & Co. v. MurphyIdaho Supreme Court · 1948
- Farmers State Bank v. GrayIdaho Supreme Court · 1922
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