Greene v. Rice
Idaho Supreme Court
APPEAL from tbe District Court of tbe Sixth Judicial District, for Lembi County. Hon. F. J. Cowen, Judge. Proceeding under C. S., sees. 7305 to 7307, inclusive, to determine tbe rights of judgment creditors in tbe proceeds of attached property. Judgment decreeing certain preferences and priorities. Attachment was unknown to the common law. It is a suim mary and extraordinary remedy depending entirely upon statutory enactment.
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APPEAL from tbe District Court of tbe Sixth Judicial District, for Lembi County. Hon. F. J. Cowen, Judge. Proceeding under C. S., sees. 7305 to 7307, inclusive, to determine tbe rights of judgment creditors in tbe proceeds of attached property. Judgment decreeing certain preferences and priorities. Attachment was unknown to the common law. It is a suim mary and extraordinary remedy depending entirely upon statutory enactment. (4 Cyc. 396, and cases there cited, including Vollmer v. Spencer, 5 Ida. 557, 51 Pac. 609; Murphy v. Montandon, 2 Ida. 1048, 35 Am. St. 279, 29 Pae. 851.) It is the…
1Opinion of the CourtBudge, J.
This is an appeal from a judgment fixing the order of priority or'preference in which certain judgments against the Musgrove Mining Company should be paid.
One Bascomb sued the company in the probate court and attached its property on January 4, 1916. All of the other actions were commenced after the Bascomb attachment was run. The district court’s judgment is that Bascomb’s judgment should be paid in full, the property having been sold for more than enough to satisfy it. Under the decision of this court in Kimball v. Raymond, 9 Idaho, 176, 72 Pac. 957, to the effect that the provisions of C.…
2Cases cited10 opinions
- Kelly v. DillSupreme Court of Minnesota · 1877
- Cook v. RogersMichigan Supreme Court · 1875
- Haijek & Simecek v. LuckTexas Supreme Court · 1903
- Henderson v. BlissIndiana Supreme Court · 1856
- Howard v. Grimes Pass Placer Mining Co.Idaho Supreme Court · 1911
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Nielson v. City of GoodingIdaho Supreme Court · 1953
- Grosvenor v. GrosvenorNebraska Supreme Court · 1980
- Evans v. Power CountyIdaho Supreme Court · 1931
- Linch v. PerrineIdaho Supreme Court · 1931
- Quirk v. Diana Mines Co.Idaho Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.