Legal Opinion

Heffron v. Thomas

Montana Supreme Court

Decided October 3, 1921No. 4,867PublishedCited by 8 opinions

Appeal from District Court, Silver Bow County; Joseph B. Jackson, Judge. " Action by Fred Heffron against George V, Thomas and another. From an order dissolving a writ of attachment plaintiff appeals. The cause of action set forth in plaintiff’s complaint is one upon a contract for the direct payment of money.

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Appeal from District Court, Silver Bow County; Joseph B. Jackson, Judge. " Action by Fred Heffron against George V, Thomas and another. From an order dissolving a writ of attachment plaintiff appeals. The cause of action set forth in plaintiff’s complaint is one upon a contract for the direct payment of money. This court, in the ease of Bearto'oth Stock Co. v. Qrosscup, 57 Mont. 595, 189 Pae. 773, recognized the right of the plaintiff in a case similar to the one at bar to an attachment when it said: “Under statutes somewhat similar to ours, other eases may be found wherein attachments were…

1Opinion of the CourtJustice Cooper

This appeal is from an order of the district court of Silver Bow county dissolving a writ of attachment. From the allega*13tions of the complaint it appears that on the third day of December, 1920, the plaintiff purchased of defendants a seven-passenger Dodge automobile, took it into his immediate possession and paid therefor the agreed price of nine hundred dollars. On the eighteenth day of January, 1921, in an action brought by one Bertha Brosinke in claim and delivery, against the plaintiff, it was taken from his possession by the sheriff of Silver Bow county under process in his hands. It is…

2Cases cited5 opinions

  1. Ancient Order of Hibernians v. SparrowMontana Supreme Court · 1903
  2. Union Bank & Trust Co. v. HimmelbauerMontana Supreme Court · 1919
  3. Carter v. Bankers' InsuranceMontana Supreme Court · 1920
  4. Beartooth Stock Co. v. GrosscupMontana Supreme Court · 1920
  5. Kyle v. ChesterMontana Supreme Court · 1911

3Cited by8 opinions

  1. Square Butte State Bank v. BallardMontana Supreme Court · 1922
  2. General Finance Co. v. PowellMontana Supreme Court · 1941
  3. B. J. Carney & Co. v. MurphyIdaho Supreme Court · 1948
  4. Muri v. YoungMontana Supreme Court · 1926
  5. Fraser v. ClarkMontana Supreme Court · 1955

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