Howard v. Grimes Pass Placer Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Appeal from an order denying a motion to vacate and set aside a sale on execution. In order to have a right under a writ of attachment, the plaintiff must do everything required by the statute. (Murphy v. Montandon, 3 Ida. 325, 35 Am.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Appeal from an order denying a motion to vacate and set aside a sale on execution. In order to have a right under a writ of attachment, the plaintiff must do everything required by the statute. (Murphy v. Montandon, 3 Ida. 325, 35 Am. St. 279, 29 Pac. 851; Volmer v. Speoicer, 5 Ida. 557, 51 Pae. 609; Kerns v. McAuley, 8 Ida. 58, 69 Pac. 539; Murphy, Grant & Go. v. Zaspel, 11 Ida. 145, 81 Pac. 301.) It cannot be extended to a case that is not within the terms of the statute. (Sutherland,…
1Opinion of the CourtAilshie, J.
This is a controversy which arises between certain creditors of the Grimes Pass Placer Mining Co. The appellant commenced an action and sued out a writ of attachment and caused the property of the company to be attached. Within sixty days after the posting and publication of the notice of attachment, certain other creditors commenced their actions against the debtor but did not secure judgments within sixty days after the posting and publication of the notice of attachment. The court allowed all creditors to prorate with the attaching creditor in the distribution of the proceeds of the sale…
2Cases cited1 opinion
- In re BossnerIdaho Supreme Court · 1910
3Cited by8 opinions
- In Re Contempt Proceedings of BrainardIdaho Supreme Court · 1934
- State Ex Rel. Nielson v. City of GoodingIdaho Supreme Court · 1953
- Greene v. RiceIdaho Supreme Court · 1919
- State Ex Rel. Parsons v. Bunting Tractor Co.Idaho Supreme Court · 1938
- Oliason v. GirardIdaho Supreme Court · 1936
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