Kuehn v. Paroni
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Eureka County. A. L. Fitzgerald, District Judge. The facts are stated in the opinion. I. The motion to dissolve the attachment should have been granted. Every material fact alleged in the affidavit for attachment was squarely denied by the affidavit in support of the motion, and no additional proofs were offered by the plaintiff.
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Appeal from the District Court of the State of Nevada, Eureka County. A. L. Fitzgerald, District Judge. The facts are stated in the opinion. I. The motion to dissolve the attachment should have been granted. Every material fact alleged in the affidavit for attachment was squarely denied by the affidavit in support of the motion, and no additional proofs were offered by the plaintiff. This entitled defendant to have the attachment dissolved, because the burden was upon the plaintiff to sustain his attachment, and there was no preponderance in his favor. (Talbot v. Pierce, 14 B. Mon. 201; ,…
1Opinion of the Court
By the Court,
Belknap, J.:
This' is an appeal from orders refusing to discharge attachments levied under two separate writs issued in the above entitled cause. At the hearing in the district court counsel for plaintiff objected to the consideration of the motion, upon the ground that it was made after the time for answering had expired and after an answer had in fact been filed, and added, as an additional reason, that the sheriff had been- directed to discharge the second writ of attachment, “and that one of the parties garnished under the second writ had been notified that it had been…
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