Heaton v. Panhandle Smelting Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. A motion to discharge an attachment was granted. While an affidavit for attachment may be defective if it states two or more grounds for attachment disjunctively, if the disjunctive is used in the affidavit to include or connect two or more phases of the same ground or fact, it is not a defect in the affidavit.
Read the full summary
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. R. N. Dunn, Judge. A motion to discharge an attachment was granted. While an affidavit for attachment may be defective if it states two or more grounds for attachment disjunctively, if the disjunctive is used in the affidavit to include or connect two or more phases of the same ground or fact, it is not a defect in the affidavit. (Societe Fonciere etc. v. Milliken, 135 U. S. 304, 10 Sup. Ct. 823, 34 L. ed. 208, see also, Rose’s U. S. Notes; Tessier v. Englehart {Lockwood), 18 Neb. 167, 24 N. W. 734;…
1Opinion of the CourtMorgan, C. J.
On July 15, 1907, appellant filed his complaint in the district court, against respondent corporation, to which was attached the following verification: “John Marshall, being first duly sworn on oath deposes and says that he is one of the attorneys for the plaintiff in the above-entitled action; that the matters and things set out in the foregoing complaint are within his knowledge as attorney; that the same are true except as to matters and things therein stated upon information and belief and as to those matters and things, he believes it to be true; that this verification is not made by…
Also in this document: Concurrence.
2Cases cited10 opinions
- Dyer v. FlintIllinois Supreme Court · 1859
- Tibbet v. SueCalifornia Supreme Court · 1898
- Duxbury v. DahleSupreme Court of Minnesota · 1899
- Vollmer v. SpencerIdaho Supreme Court · 1897
- Winters v. PearsonCalifornia Supreme Court · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Martin v. SchilloIllinois Supreme Court · 1945
- Salt Lake Hardware Co. v. StefflerIdaho Supreme Court · 1964
- Bear Lake State Bank v. WilcoxIdaho Supreme Court · 1929
- Boise-Payette Lumber Co. v. Challis Independent School District No. 1Idaho Supreme Court · 1928
- Farmers State Bank v. GrayIdaho Supreme Court · 1922