King v. Bender
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Montana. On December 3, 1896, John O’Rourke commenced an action in the district court for the Second district of the state of Montana against the Grand Opera House Company, a corporation, as defendant, and joined in his complaint two causes of action,—one upon a promissory note of the corporation for $762; the other for $585, claimed by O’Rourke to have been paid out by him for the corporation.
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Appeal from the Circuit Court of the United States for the District of Montana. On December 3, 1896, John O’Rourke commenced an action in the district court for the Second district of the state of Montana against the Grand Opera House Company, a corporation, as defendant, and joined in his complaint two causes of action,—one upon a promissory note of the corporation for $762; the other for $585, claimed by O’Rourke to have been paid out by him for the corporation. On the same day, upon a writ of attachment issued in said cause for both causes of action, the property in controversy in the…
1Opinion of the CourtGilbert, Circuit Judge
It is contended that O’Rourke’s redemption was invalid, for the reason that upon taking judgment as to one of his causes of action his attachment lien was merged in the judgment, and no attachment lien survived as to the other and undetermined cause of action; and that if, indeed, his attachment lien 'survived, it was not a lien “subsequent” to that upon which the property was sold, and was not, therefore, a lien such as entitled him to redeem under the provisions of the statute, which gives the right of redemption to “a •■creditor having a lien by judgment mortgage or attachment on the…
2Cases cited11 opinions
- Connecticut Mutual Life Insurance v. BulteMichigan Supreme Court · 1881
- Williams v. . TownsendNew York Court of Appeals · 1865
- Kofoed v. GordonCalifornia Supreme Court · 1898
- Fair v. BrownSupreme Court of Iowa · 1875
- Kelsey v. AbbottCalifornia Supreme Court · 1859
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3Cited by1 opinion
- Murray v. BenderCourt of Appeals for the Ninth Circuit · 1903