Driggs v. Harrington
Montana Supreme Court
Appeal from First District, Madison Oounty. WilliaMS sued Stevens and Trivett, December 12, 1870, to recover wages for services rendered. A writ of attachment was issued and the sheriff levied upon some gold retort as the property of Stevens and Trivett. Stevens applied to the sheriff for the release of the property May 9,1871, and presented an undertaking that was signed by Stevens, as principal, and the appellants, as sureties.
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Appeal from First District, Madison Oounty. WilliaMS sued Stevens and Trivett, December 12, 1870, to recover wages for services rendered. A writ of attachment was issued and the sheriff levied upon some gold retort as the property of Stevens and Trivett. Stevens applied to the sheriff for the release of the property May 9,1871, and presented an undertaking that was signed by Stevens, as principal, and the appellants, as sureties. The officer approved the undertaking and delivered the retort to Stevens. Williams recovered a judgment against Stevens and Trivett, and assigned the same to the…
1Opinion of the Court
"Wade, O. J.
This is an action brought against the sureties upon a statutory undertaking given to release attached property in pursuance of section 2 of an act (Laws of 1869, p. 67), which provides, “ Before releasing such attached property as aforesaid to- the defendant, the sheriff shall require an undertaking, executed by the defendant and at least two sureties, residents and freeholders, or householders, in the county, to the effect that, in case the plaintiff recover judgment in the action, defendant will, on demand, redeliver such attached property so released to the proper officer, to…
2Cited by2 opinions
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- Decorso v. BoothUtah Supreme Court · 1939