Legal Opinion

Davis v. Bryant

Montana Supreme Court

Decided February 20, 1922No. 4,629PublishedCited by 2 opinions

Appeal from District Court, Choitteau County; John W. Tattan, Judge. Action by Henry Davis and another, copartners, doing business under the firm name of Davis Brothers, against Laura E. Bryant. From an order dissolving an attachment, plaintiffs appeal. Cause submitted on briefs of Counsel. The proceeds of lands acquired under the homestead laws of the United States are not exempt from execution or attachment. (Field v. Goat (Old.), 173 Pae. 364; Andrews v. Rowan, 28 How.

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Appeal from District Court, Choitteau County; John W. Tattan, Judge. Action by Henry Davis and another, copartners, doing business under the firm name of Davis Brothers, against Laura E. Bryant. From an order dissolving an attachment, plaintiffs appeal. Cause submitted on briefs of Counsel. The proceeds of lands acquired under the homestead laws of the United States are not exempt from execution or attachment. (Field v. Goat (Old.), 173 Pae. 364; Andrews v. Rowan, 28 How. Pr. (N. Y.) 126; Scott v. Brigham, 27 Vt. 561; Ritzville Hardware Co. v. Bennington, 50 Wash. Ill, 126 Am. St. Rep. 894,…

1Opinion of the Court

MR. COMMISSIONER HORSKY

prepared the opinion for the court.

Appeal from an order dissolving an attachment. Plaintiffs commenced an action in the district court of Chouteau county against the above-named defendant to recover the sum of $658.56, together with interest and costs of suit. A writ of attachment was issued and certain real property belonging to the defendant was levied upon by the sheriff. Subsequently, and on or about October 18, 1917, an alias writ of attachment in said cause was issued by the clerk of said court and levy duly made upon money to the amount of $1,060 in the Benton…

2Cases cited5 opinions

  1. Newell v. WhitwellMontana Supreme Court · 1895
  2. State ex rel. Malin-Yates Co. v. Justice of the Peace CourtMontana Supreme Court · 1915
  3. Omaha Upholstering Co. v. Chauvin-Fant Furniture Co.Montana Supreme Court · 1896
  4. Culhane Adjustment Co. v. FarrandSouth Dakota Supreme Court · 1914
  5. Holman v. CooperWashington Supreme Court · 1907

3Cited by2 opinions

  1. Gilna v. BarkerMontana Supreme Court · 1927
  2. Burgess v. LasbyMontana Supreme Court · 1932

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