Johnson v. Emery
Utah Supreme Court
Appeal from District Court, Salt Lake County; C. -W. Morse, Judge. Action by W. E. Johnson and another against C. Frank Emery and others. From a judgment in favor of defendants, plaintiff Johnson appeals. appellants’ points. Proceedings in attachment, being a statutory proceeding and in derogation of the common law, are strictly construed, and no intendment whatever will be indulged in its favor, but the statute must be strictly complied with.
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Appeal from District Court, Salt Lake County; C. -W. Morse, Judge. Action by W. E. Johnson and another against C. Frank Emery and others. From a judgment in favor of defendants, plaintiff Johnson appeals. appellants’ points. Proceedings in attachment, being a statutory proceeding and in derogation of the common law, are strictly construed, and no intendment whatever will be indulged in its favor, but the statute must be strictly complied with. (1 Shinn on Attachment, sec. 8.) A statement in an affidavit for attachment that the defendant has disposed of his property, with intent to defraud his…
1Opinion of the Court
McCARTY, J.,
after stating the facts, delivered the opin- ■ ion of the court.
Appellant’s first contention is that the court erred in admitting in evidence, over plaintiff’s objection, the attachment proceedings. It is claimed that “the affidavits in each of the cases were defective and void for the reason that they each stated two grounds of attachment in the alternative.” In the case of Ambrose v. Norris the grounds alleged in the affidavit for the writ of attachment are as follows: “That the said defendant has assigned, disposed of, or concealed, or is about to assign, dispose of, or…
2Cases cited14 opinions
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Société Foncière Et Agricole Des États Unis v. MillikenSupreme Court of the United States · 1890
- Tessier v. Lockwood Englehart & Co.Nebraska Supreme Court · 1885
- Klenk v. SchwalmWisconsin Supreme Court · 1865
- Edwards v. Sonoma Valley BankCalifornia Supreme Court · 1881
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3Cited by2 opinions
- McCarthy Bros. v. McLean County Farmers Elevator Co.North Dakota Supreme Court · 1908
- Peoples State Bank v. KarlenSouth Dakota Supreme Court · 1921