Legal Opinion

Simmons Hardware Co. v. Alturas Commercial Co.

Idaho Supreme Court

Decided February 14, 1895PublishedCited by 4 opinions

APPEAL from District Court, Alturas County. Attachment proceedings cannot be amended in Idaho because the only question that can be considered by the court on motion to discharge the attachment is this, Was the writ of attachment at the time of its issuance “improperly or irregularly issued?” If at that time it was “improperly or irregularly issued” it must be discharged.

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APPEAL from District Court, Alturas County. Attachment proceedings cannot be amended in Idaho because the only question that can be considered by the court on motion to discharge the attachment is this, Was the writ of attachment at the time of its issuance “improperly or irregularly issued?” If at that time it was “improperly or irregularly issued” it must be discharged. (Rev. Stats., secs. 4321, 4323; Babe v. Coyne, 53 Cal. 261; Winters v. Pearson, 72 Cal. 553, 14 Pac. 304.) An attachment is unauthorized and void unless issued in strict compliance with the provisions of the statute. {Murphy…

1Opinion of the CourtHu Ston, J.

These eases, resting, as they do, upon similar facts, and involving the application of the same principles of law, were heard together, and will be so considered by the court. The appeal is from orders of the district court denying applications for the discharge of certain writs of attachment sued out by the plaintiffs and levied upon property of defendant. The record contains the papers upon which the motions were made, consisting of the affidavits for attachment and the undertakings in each case, the motions, and the order of the court thereon. We will consider the questions raised by the…

2Cases cited3 opinions

  1. Jackson ex dem. Kenyon v. VirgilNew York Supreme Court · 1808
  2. Murphy v. MontandonIdaho Supreme Court · 1892
  3. Teall v. Van WyckNew York Supreme Court · 1851

3Cited by4 opinions

  1. Blankenship v. MyersIdaho Supreme Court · 1975
  2. Finn v. MehrbachCity of New York Municipal Court · 1900
  3. International Harvester Co. of America v. EmbodyMontana Supreme Court · 1931
  4. Vollmer v. SpencerIdaho Supreme Court · 1897

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