McCarthy Bros. v. McLean County Farmers Elevator Co.
North Dakota Supreme Court
Appeal from District Court, McLean county; Winchester, J. Action by the McCarthy Bros. Company against the McLean County Farmers’ Elevator Company and others, in which action an attachment was procured and levied upon defendants’ property.. From an order vacating the attachment, plaintiff appeals.
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Appeal from District Court, McLean county; Winchester, J. Action by the McCarthy Bros. Company against the McLean County Farmers’ Elevator Company and others, in which action an attachment was procured and levied upon defendants’ property.. From an order vacating the attachment, plaintiff appeals. The disjunctive “or” as used in the statute may be employed in an? affidavit, .to characterize and include two or more phases of -the same-fact, attended with the same result. 3 Enc. PL & Pr., 24, 25; Drake-on Attachment, 100; Tessier v. Lockwood, 24 N. W. 734; Wood v. Wells, 2 Bush (Ky.) 197; Klenk…
1Opinion of the CourtMorgan, C. J.
This is an action for the recovery of money upon contract, and at the time that the summons was issued a writ of. attachment was procured, and thereafter levied upon the property-of the defendant the McLean County Farmers’ Elevator Company. The sole contention between the parties on this appeal is as to the *178sufficiency of the affidavit on which t'he writ of attachment was issued. So far as the question in issue is concerned, the affidavit is as follows: “And that the defendants have sold, assigned, transferred, secreted, or otherwise disposed of, or are about to sell, assign, transfer,…
2Cases cited12 opinions
- Howard v. OppenheimerCourt of Appeals of Maryland · 1866
- Tessier v. Lockwood Englehart & Co.Nebraska Supreme Court · 1885
- Klenk v. SchwalmWisconsin Supreme Court · 1865
- Irvin v. HowardSupreme Court of Georgia · 1867
- McCraw v. WelchSupreme Court of Colorado · 1874
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3Cited by2 opinions
- Martin v. SchilloIllinois Supreme Court · 1945
- Peoples State Bank v. KarlenSouth Dakota Supreme Court · 1921