Duluth Brewing & Malting Co. v. Allen
Montana Supreme Court
Appeal from District Court, Sheridan County; Frank N. Titter, Judge. Action by the Duluth Brewing & Malting Company against Barney Allen. From an order discharging an attachment, plaintiff appeals. The “summons is not vitiated by the mere fact that it is entitled the court of the ‘Third District Minnesota’ instead of ‘Fourth District, State of Minnesota,’ for such error is purely, technical, and could not affect the substantial rights of the defendant.”
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Appeal from District Court, Sheridan County; Frank N. Titter, Judge. Action by the Duluth Brewing & Malting Company against Barney Allen. From an order discharging an attachment, plaintiff appeals. The “summons is not vitiated by the mere fact that it is entitled the court of the ‘Third District Minnesota’ instead of ‘Fourth District, State of Minnesota,’ for such error is purely, technical, and could not affect the substantial rights of the defendant.” (Hanna v. Bussell, 12 Minn. 80; see, also, Nix v. Gilmer, 5 Okl. 740, 50 Pac. 131; American Oil Cloth Co. v, Slonov, 59 Misc. Rep. 218, 110…
1Opinion of the CourtJustice Holloway
delivered the opinion of the court.'
On March 2, 1914, this action was commenced in the district court of Sheridan county to recover a balance alleged to be due for goods, wares and merchandise sold and delivered by the plaintiff to the defendant. On the same day a summons and writ of attachment were issued, and thereafter certain property belonging to the defendant was seized by virtue of the attachment. On March 28 an alias summons was issued. On May 8 the defendant appeared by general. demurrer, and on May 16 moved the court to discharge the attachment on the ground that it had been issued…
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