Bellevue State Bank v. Lilya
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. H. F. Ensign, Judge. Motion to dissolve attachment. From order dissolving, plaintiff appeals. The existence of some one of the statutory grounds is all that is required to be shown by the affidavit. (Doggett v. Bell, 32 Kan. 298, 4 Pae. 292.) The affidavit is not a pleading but is more a matter of evidence and is to be given a fair and reasonable construction in arriving at its meaning.
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APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. H. F. Ensign, Judge. Motion to dissolve attachment. From order dissolving, plaintiff appeals. The existence of some one of the statutory grounds is all that is required to be shown by the affidavit. (Doggett v. Bell, 32 Kan. 298, 4 Pae. 292.) The affidavit is not a pleading but is more a matter of evidence and is to be given a fair and reasonable construction in arriving at its meaning. (Nichols v. Davis, 23 Cal. App. 67, 137 Pac. 41; Vollmer v. Spencer (dis. opn.), 5 Ida. 557, 571, 51 Pac. 609.) It is not…
1Opinion of the CourtDunn, J.
Defendants moved to dissolve the attachment in this case on the ground:
“1.....That said affidavit does not show that the alleged indebtedness has not been secured by any lien upon real or personal property; that said affidavit does not show that the alleged indebtedness has not been secured by any pledge of personal property; that said affidavit does not show that the alleged indebtedness has not been secured by any mortgage upon real or personal property.
*272“2. That said writ of attachment was irregularly and improperly issued in this, to wit: That said affidavit alleges that a part of said…
2Cases cited3 opinions
- Murphy v. MontandonIdaho Supreme Court · 1892
- Lawrence v. DefenbachIdaho Supreme Court · 1912
- Knutsen v. PhillipsIdaho Supreme Court · 1909
3Cited by14 opinions
- Cook v. MasseyIdaho Supreme Court · 1923
- Kelley v. ProutyIdaho Supreme Court · 1934
- McCoy v. KrengelIdaho Supreme Court · 1932
- Application of BoyerIdaho Supreme Court · 1952
- Brainard v. Coeur D'Alene Antimony Mining Co.Idaho Supreme Court · 1922
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