Bowers v. Beck
Nevada Supreme Court
Appealed from the Fourth Judicial District, Hon. C. O. Goodwin presiding. The facts are stated in the Opinion. The demurrer to the complaint should have been sustained. It was defective in these particulars: . It does not show the attachment in case of Bowers v. Atkinson was based on a sufficient affidavit and undertaking filed, in that case. Nor that the case was one in which such writ might legally issue.
Read the full summary
Appealed from the Fourth Judicial District, Hon. C. O. Goodwin presiding. The facts are stated in the Opinion. The demurrer to the complaint should have been sustained. It was defective in these particulars: . It does not show the attachment in case of Bowers v. Atkinson was based on a sufficient affidavit and undertaking filed, in that case. Nor that the case was one in which such writ might legally issue. (7 Hill, 39, 41, 43; 1 Hill, 343 ; 18 Cal. 348 ; and cases cited by Judge Field ; 9 Wend. 237; 3 Wend. 64; 4 Wend. 616; 6 Cow. 221-225 ;■ 3 Denio, 567: 2 Ohitty’s PI. 457-460; 23 Cow. 247;…
1Opinion of the Court
Opinion by
Beatty, J.
This was an action brought on a bond given to release property held under attachment.
Bowers brought suit against G. W. Atkinson for some one thousand six hundred and sixty dollars, and at the time of filing his complaint, also sued out a writ of attachment. The attachment was levied on certain property, and the defendants in this action, in conjunction with defendant in the former action, executed a joint bond conditioned as follows:
“ Now, the condition of this obligation is such, that whereas, a writ of attachment was issued against the above bounden George W. Atkinson,…
2Cases cited4 opinions
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
- McMillan v. DanaCalifornia Supreme Court · 1861
- Connell v. LasscellsNew York Supreme Court · 1838
- Kanouse v. DormedyCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by8 opinions
- Pierce v. WhitingCalifornia Supreme Court · 1883
- Smith v. FargoCalifornia Supreme Court · 1881
- Camino v. LewisNevada Supreme Court · 1930
- Dackich v. BarichMontana Supreme Court · 1908
- Laveaga v. WiseNevada Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.