Legal Opinion

Farmers State Bank v. Gray

Idaho Supreme Court

Decided March 20, 1922PublishedCited by 8 opinions

APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Raymond L. Givens, Judge. Motion by defendants to quash an attachment. From order denying motion, defendants appeal. The affidavit for attachment must state facts sufficient to conform to all the statutory requirements.

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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Raymond L. Givens, Judge. Motion by defendants to quash an attachment. From order denying motion, defendants appeal. The affidavit for attachment must state facts sufficient to conform to all the statutory requirements. If it fails to do so, the court is without jurisdiction to issue the writ. {Kerns v. McAulay, 8 Ida. 558, 69 Pac. 539; Boss v. Gold Bidge Mining Go., 14 Ida. 687, 95 Pac. 821; Knutsen v. Phillips, 16 Ida. 267, 101 Pac. 596; 6 C. J. 146; C. S. 6780; Heaton v. Panhandle Smelting Go., Ltd., 32…

1Opinion of the CourtDunn, J.

This is an appeal from an order of the district court of Ada county denying a motion to quash an attachment. The motion was made on the grounds: First, that the affidavit for attachment was in certain particulars untrue; second, that it was insufficient in that it appeared *51therefrom that the payment of the promissory note upon which the action was brought was originally secured by a mortgage on personal property, and that a part of said property had been sold by agreement between the plaintiff and defendants; third, that the affidavit for attachment was insufficient in that it did not appear…

2Cases cited2 opinions

  1. Williams v. HahnCalifornia Supreme Court · 1896
  2. Knutsen v. PhillipsIdaho Supreme Court · 1909

3Cited by8 opinions

  1. Edminster v. Van EatonIdaho Supreme Court · 1936
  2. Berry v. ScottIdaho Supreme Court · 1927
  3. Anaheim National Bank v. KraemerCalifornia Court of Appeal · 1932
  4. Mitchell v. Ada Investment Co.Idaho Supreme Court · 1926
  5. Bailey v. HansenMontana Supreme Court · 1937

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