Continental Oil Co. v. Jameson
Montana Supreme Court
Appeal from District Court, Phillips County; Frank N. Utter, Judge. Action by tbe Continental Oil Company against J. W. Jame-son. From an order discharging a writ of attachment, plaintiff appeals. If the failure of the notary to attach his signature and seal to the affidavit, which was sworn to before him, was a defect, the court should have permitted the same to be amended.
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Appeal from District Court, Phillips County; Frank N. Utter, Judge. Action by tbe Continental Oil Company against J. W. Jame-son. From an order discharging a writ of attachment, plaintiff appeals. If the failure of the notary to attach his signature and seal to the affidavit, which was sworn to before him, was a defect, the court should have permitted the same to be amended. In the section of the Code which provides for the discharge of the attachment when “improperly or irregularly” issued, it is further provided, “but the court or judge may allow the plaintiff to amend his affidavit or…
1Opinion of the CourtJustice Holloway
The Continental Oil Company - commenced an action against J. W. Jameson to enforce payment for certain goods, wares and merchandise sold and delivered to the defendant. A writ of attachment was issued and property belonging to the defendant seized. A motion to discharge the attachment, on the ground that an affidavit had not been presented at the time the writ was issued, was granted, and plaintiff appealed from the order.
[1] At the time the writ was issued the plaintiff filed with the clerk of the court the following writing:
“Affidavit of Attachment.
‘ ‘ State of Montana
County of Blaine — ss.:
2Cited by6 opinions
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- American Surety Co. v. KartowitzMontana Supreme Court · 1921
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