Bank of Winnemucca v. Mullaney
Oregon Supreme Court
From Malheur: Morton D. Clikkord, Judge. This is au appeal by the First National Bank of Winnemucca from a judgment in its favor involving the validity of an order discharging certain real property from an attachment lien.
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From Malheur: Morton D. Clikkord, Judge. This is au appeal by the First National Bank of Winnemucca from a judgment in its favor involving the validity of an order discharging certain real property from an attachment lien. The material facts are that the plaintiff, having commenced an action against E. F. Mullaney to recover nine thousand five hundred and sixty-five dollars and interest upon a contract for the payment of money, sued out a writ of attachment, in pursuance of which the sheriff of Malheur County attached the sum of one thousand six hundred and seventy-four dollars in the hands…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
The only question involved is as to the authority of the court to discharge the real property from said lien. The defendant contends that this authority is conferred by section 161, Hill’s Code, which provides that the defendant may, at any time before *270judgment, except where the cause of attachment and the cause of action are the same, apply to the court or judge thereof, where the action is pending, to discharge the attachment, in the manner and with the effect as provided in sections 130 and 131, for the discharge of a defendant from arrest. This was section 159…
2Cited by6 opinions
- Security Trust Co. v. LoewenbergOregon Supreme Court · 1900
- Anvil Gold Mining Co. v. HoxsieCourt of Appeals for the Ninth Circuit · 1903
- Schultz v. LevyOregon Supreme Court · 1898
- Anvil Gold Min. Co. v. HoxieDistrict Court, D. Alaska · 1902
- Miller v. Alaska-Canadian Oil & Coal Co.District Court, D. Alaska · 1911
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