Bowers v. London Bank of Utah
Utah Supreme Court
Appeal from the tbircl district court. The complaint in this case contains four counts or causes of action: tbe first is for four thousand dollars; the second for eight thousand dollars; the third for four thousand two hundred and fifty dollars; and the fourth for fifty thousand and eighty-three dollars and seventy cents; and judgment was demanded for the aggregate sum of sixty-six thousand three hundred and thirty-three dollars and seventy cents.
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Appeal from the tbircl district court. The complaint in this case contains four counts or causes of action: tbe first is for four thousand dollars; the second for eight thousand dollars; the third for four thousand two hundred and fifty dollars; and the fourth for fifty thousand and eighty-three dollars and seventy cents; and judgment was demanded for the aggregate sum of sixty-six thousand three hundred and thirty-three dollars and seventy cents. A writ of attachment was issued upon the following affidavit : “ William H. H. Bowers, the plaintiff in the action above named, being duly sworn,…
1Opinion of the Court
Emerson, J.:
The statute leaves no discretion in any one as to the amount which shall be stated in the writ of attachment. It is a plain, direct, and specific instruction and direction, which the clerk has no right or authority to disregard. The process of attachment is a special statutory remedy, and in resorting to it, the terms of the law conferring it must be strictly pursued. If the clerk had stated any other sum in the writ than that in conformity with the demand in the complaint, it would have been a material departure from the'requirements of the statute, and would have vitiated the…
2Cited by6 opinions
- De Leonis v. EtchepareCalifornia Supreme Court · 1898
- Kennedy v. California Savings BankCalifornia Supreme Court · 1892
- Jenkins v. First National BankMontana Supreme Court · 1925
- State Ex Rel. Nauman v. Pondera Valley State BankMontana Supreme Court · 1926
- Bank of Ephraim v. DavisUtah Supreme Court · 1978
1 more not listed; retrieve them via the Exa API.