Taney v. Vollenweider
Montana Supreme Court
Appeal from District Court■, Deer Lodge County; Welling Napton, Judge. Action by P. S. T'aney against Mary Vollenweider. Erom a judgment for plaintiff, and from, an order denying a new trial, defendant appeals.
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Appeal from District Court■, Deer Lodge County; Welling Napton, Judge. Action by P. S. T'aney against Mary Vollenweider. Erom a judgment for plaintiff, and from, an order denying a new trial, defendant appeals. Under Section 900, C'ode of Givil„Procedure, it was made the duty of this appellant to pay the money into the justice’s court as soon as she was served with garnishee process; it was also, under Section 1682, C'ode of Civil Procedure, the duty of the justice of the peace to receive the money. The garnishee and appellant in this action, should be protected from' double liability. (Drake…
1Opinion of the Court
MR. JUSTICE! HOLLOWAY
delivered tbe opinion of tbe court
Tbis action was commenced in tbe district court by tbe plaintiff to recover tbe sum of $45 and to establish and foreclose a mechanic’s- lien upon certain property in Anaconda, Montana. Tbe complaint is in the usual form-. Tbe denials in tbe answer raise no material issues. As an affirmative defense tbe defendant alleges tbat after she became indebted to tbis plaintiff, and before tbe commencement of tbis action, sbe was served with a writ of attachment and notice of garnishment in an action in the justice of tbe peace court of O. H.…
2Cited by1 opinion
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