Moseley v. Fidelity & Deposit Co.
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial Ada County. Hon. Charles P. McCarthy, District, for Judge. attachment bond. 'Judgment for plaintiff. Action on Where an attachment is dissolved upon motion, the weight of authority favors the rule that reasonable attorney’s fees and disbursements incurred upon such motion are properly recoverable, although there are many cases holding the contrary. (Jacobus v. Monongahela Nat.
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APPEAL from tbe District Court of the Third Judicial Ada County. Hon. Charles P. McCarthy, District, for Judge. attachment bond. 'Judgment for plaintiff. Action on Where an attachment is dissolved upon motion, the weight of authority favors the rule that reasonable attorney’s fees and disbursements incurred upon such motion are properly recoverable, although there are many cases holding the contrary. (Jacobus v. Monongahela Nat. Bank, 35 Fed. 395; Patton v. Garrett, 37 Ark. 605; Commonwealth v. Meyer, 170 Pa. 380, 32 Atl. 1044; First Nat. Bank of Chillicothe v. McSwain, 93 S. C. 30, Ann. Cas.…
1Opinion of the Court
VARIAN, District Judge.
Charles F. Glaeser filed a complaint against respondent in the district court in Lincoln county, October 24, 1913, and on the same day filed an affidavit for attachment and undertaking, with appellant as surety, conditioned as provided by the statute. Both Glaeser and Moseley, the respondent, were residents of Chicago, Illinois, at the time the attachment was brought. The grounds for attachment, as appears from the affidavit, was the non-residence of the defendant. The writ issued forthwith and on October 25, 1913, was levied upon “all the right, title, claim and…
2Cases cited7 opinions
- Union Mill Co. v. PrenzlerSupreme Court of Iowa · 1897
- Tyng v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Balinsky v. GrossAppellate Terms of the Supreme Court of New York · 1911
- Mason, Ehrman & Co. v. LieuallenIdaho Supreme Court · 1895
- State ex rel. Pinkley v. YountMissouri Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cole v. KunzlerIdaho Court of Appeals · 1989
- Reachi v. National Automobile & Casualty InsuranceCalifornia Supreme Court · 1951
- St. Joseph Stock Yards Co. v. LoveUtah Supreme Court · 1921
- Olsen v. National Grocery Co.Washington Supreme Court · 1942
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1939
11 more not listed; retrieve them via the Exa API.