Lomme v. Sweeney
Montana Supreme Court
Appealfrom the Third District, Lewis and Clarice County. This action was tried by a jury that found for Lomme, and tbe conrt, Wake, J., entered judgment thereon. The facts appear in the opinion. The case of Lomme y. Kintzing, is reported ante, 290. Respondent had no right to sue upon the undertaking executed to Roberts in the replevin suit. The undertaking was never assigned to respondent. Civ. Prac.
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Appealfrom the Third District, Lewis and Clarice County. This action was tried by a jury that found for Lomme, and tbe conrt, Wake, J., entered judgment thereon. The facts appear in the opinion. The case of Lomme y. Kintzing, is reported ante, 290. Respondent had no right to sue upon the undertaking executed to Roberts in the replevin suit. The undertaking was never assigned to respondent. Civ. Prac. Act 1867, §§ 109, 123, 131, 134, 137, 216, 217, 218. The sheriff must make the judgment creditor’s demand, out of property attached by him. The bail-bond was substituted for the property in this…
1Opinion of the CourtKnowles, J.
This cause comes to this court on appeal from the third judicial district. The record presents the following facts : Lomme commenced an action to recover a debt against B. C. and Charles S. Kintzing for the sum of $4,884.89, and interest thereon. As auxiliary to this action for the purpose of securing any judgment he might obtain therein, he procured the issuance of a writ of attachment which the sheriff, W. K. Roberts,- levied upon certain property as belonging to the Kintzings. Afterward, W. S. WaL son brought an action of replevin against Roberts and came into possession of this property.…
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