Newell v. Whitwell
Montana Supreme Court
Appeal from Tenth Judicial District, Flathead County. Action to recover for goods sold. Defendants’ motion to dissolve the attachment was granted by DuBose, J. Statement of the case by the justice delivering the opinion. Suit in attachment.
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Appeal from Tenth Judicial District, Flathead County. Action to recover for goods sold. Defendants’ motion to dissolve the attachment was granted by DuBose, J. Statement of the case by the justice delivering the opinion. Suit in attachment. On July 28, 1893, the appellants, merchants in Minneapolis, Minn., instituted suit against respondents, merchants atKalispell, Mont., to recover $4,016.40, due for goods sold and delivered, and for the sum of $950.55, to become due on September 11, 1893. Affidavit in attachment was made by plaintiffs’ agent, in which it was alleged that defendants were…
1Opinion of the CourtHunt, J.
Upon the hearing on the motion to dissolve the attachment the court heard no testimony other than the affidavits contained in the statement, hereinbefore recapitulated. We may concede that upon disputed questions of fact, where there is a substantial conflict between the statements made by those who seek to dissolve the attachment and those who try to retain such a lien, the court will not disturb the decision of the district judge, unless it is clearly against the.preponderance of evidence; yet we are irresistably led to a conclusion in the case before us, directly opposite to that…
2Cases cited28 opinions
- Wheeler v. FarmerCalifornia Supreme Court · 1869
- Crawford v. RobertsOregon Supreme Court · 1880
- Hart v. BarnesNebraska Supreme Court · 1888
- Landsman v. ThompsonMontana Supreme Court · 1890
- Robinson v. MelvinSupreme Court of Kansas · 1875
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3Cited by24 opinions
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- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- First State Bank v. LarsenMontana Supreme Court · 1922
- Brice v. BriceMontana Supreme Court · 1915
- Grant v. Chicago Etc. Ry. Co.Montana Supreme Court · 1927
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