Quirk v. Diana Mines Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Judgment refusing to permit certain judgment creditors to prorate in the proceeds of attached property. “The notice is not essential to give the writ validity and binding force. This notice is required solely in the interest of creditors of the defendant.”
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Judgment refusing to permit certain judgment creditors to prorate in the proceeds of attached property. “The notice is not essential to give the writ validity and binding force. This notice is required solely in the interest of creditors of the defendant.” (Foore v. Simon Piano Go., 18 Ida. 167, 108 Pac. 1038.) “Every statute must be construed with reference to the object intended to be accomplished by it.” (36 Cyc. 1110, 1111.) The necessity of giving the printed notice being eliminated…
1Opinion of the CourtRice, C. J.
On August 9, 1917, respondent commenced an action against the Diana Mines Company, Ltd., and on the same day procured the issuance of an attachment in the action which was placed in the hands of the sheriff of Boise county and served August 10, 1917. Notice of the attachment was posted and published by the clerk on October 20, 1917. Appellant creditors, eight in number, commenced actions against the Diana Mines Company more than two days after the issuance of the writ of attachment, and recovered judgments within sixty days after the posting and publication of the notice thereof. Two of the…
2Cases cited2 opinions
- Foore v. Simon Piano Co.Idaho Supreme Court · 1910
- Greene v. RiceIdaho Supreme Court · 1919
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