Vaughn v. Dawes
Montana Supreme Court
Appeal from DisPi'ict Court, Gallatin County. It is well settled that the defendant in an action cannot move to dissolve an attachment issued in a cause after an appearance, and after the time for answering expires. See Code Civ. Proc., sec. 198, div. 1; Magee v. Fogerty, 6 Mont. 237; Drake on Attachment, sec. 112; Bishop v. Fennerty, 46 Miss. 570; Woodruff y. Sanders, 18 Wis. 171; Blackwood v. Jones, 27 Wis. 498; Fairfield v. Madison- Mfg.
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Appeal from DisPi'ict Court, Gallatin County. It is well settled that the defendant in an action cannot move to dissolve an attachment issued in a cause after an appearance, and after the time for answering expires. See Code Civ. Proc., sec. 198, div. 1; Magee v. Fogerty, 6 Mont. 237; Drake on Attachment, sec. 112; Bishop v. Fennerty, 46 Miss. 570; Woodruff y. Sanders, 18 Wis. 171; Blackwood v. Jones, 27 Wis. 498; Fairfield v. Madison- Mfg. Co., 38 Wis. 346; McDonald v. Fist, 60 Mo. 172.
1Opinion of the CourtGalbraith, J.
This is an appeal from the order of the court dissolving the attachment. It is claimed that the “ record or bill of exceptions ” should set forth the grounds for the action of the court in dissolving the attachment. The record does this. These grounds are contained in the motion to dissolve the attachment, which is contained in the transcript, and certified to by the clerk to be correct. It will be presumed that the application itself to dissolve the attachment was used upon the-hearing in which the order to dissolve was granted; that it is one of the papers which was used upon the hearing…
2Cases cited1 opinion
- Magee v. FogertyMontana Supreme Court · 1886
3Cited by5 opinions
- Goff v. Superior Courts in and for Counties of Pima and MaricopaCourt of Appeals of Arizona · 1965
- Wallace v. LewisMontana Supreme Court · 1890
- Duluth Brewing & Malting Co. v. AllenMontana Supreme Court · 1915
- Gegelman Ex Rel. Gegelman v. ReiersgaardNorth Dakota Supreme Court · 1979
- Omaha Upholstering Co. v. Chauvin-Fant Furniture Co.Montana Supreme Court · 1896