Kerns v. McAulay
Idaho Supreme Court
APPEAL from District Court of Sboshone County. The affidavit for attachment states facts having a legal tendency to make out a! proper ease in aR its parts for the issuanee of attachment process. It recites that defendants are indebted to plaintiff in a certain sum, the probative facts showing a contract for the direct payment of money, and that the payment of the same had not been secured.
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APPEAL from District Court of Sboshone County. The affidavit for attachment states facts having a legal tendency to make out a! proper ease in aR its parts for the issuanee of attachment process. It recites that defendants are indebted to plaintiff in a certain sum, the probative facts showing a contract for the direct payment of money, and that the payment of the same had not been secured. The lower court had authority to determine whether the affidavit conformed to the requirements of the statute. The decision of the case was the exercise of jurisdiction; it was a declaration that the…
1Opinion of the CourtSullivan, J.
— This is an appeal from an order made after judgment vacating and declaring said judgment null and void,quashing and setting aside a writ of attachment issued in said action, and revoking and setting aside all proceedings had under said judgment, and entering judgment against plaintiff, who is appellant here, for costs of said motion. Suit was brought by the appellant, as receiver of the property of the Coeur d’Alene Bank, against George B. McAulay and Yan B. De Lashmutt, to recover a balance on an account amounting to $24,045.16, with interest thereon at the rate of ten per cent per annum,…
2Cases cited7 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Freeman v. AldersonSupreme Court of the United States · 1886
- Hart v. SansomSupreme Court of the United States · 1884
- Dewey v. Des MoinesSupreme Court of the United States · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Green v. Western American Co.Washington Supreme Court · 1902
- Foore v. Simon Piano Co.Idaho Supreme Court · 1910
- Sunderlin v. WarnerIdaho Supreme Court · 1926
- California Consolidated Mining Co. v. ManleyIdaho Supreme Court · 1905
- Hamburger v. HalpermCalifornia Court of Appeal · 1915
11 more not listed; retrieve them via the Exa API.