Baumgartner v. Vollmer
Idaho Supreme Court
APPEAL from District Court, Latah County. When the attaching creditor redeemed the property he could only sell under his attachment. (Code, see. 3389.) When a statute gives a right or a remedy which did not exist at common law, and provides a specific method of enforcing it, the mode of procedure provided by the statute must be strictly pursued. (S3 Am. & Eng. Ency. of Law, 402; People v. Gray croft, 2 Cal. 243, 56 Am.
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APPEAL from District Court, Latah County. When the attaching creditor redeemed the property he could only sell under his attachment. (Code, see. 3389.) When a statute gives a right or a remedy which did not exist at common law, and provides a specific method of enforcing it, the mode of procedure provided by the statute must be strictly pursued. (S3 Am. & Eng. Ency. of Law, 402; People v. Gray croft, 2 Cal. 243, 56 Am. Dee. 331; Ward v. Severance, 7 Cal. 127; Roberts v. Laudeclcer, 9 Cal. 262; State v. Poultner, 16 Cal. 516; Peed v. Omnibus B. B. Go33 Cal. 212; Smith v. Omnibus R. R. Co., 39…
1Opinion of the CourtHuston, J.
On the 29th of October, 1894, the plaintiff executed and delivered to the Bank of Genesee and to the Gen-esee Mercantile Company a joint chattel mortgage to secure the sum of $474.38 on certain personal property; and on the 10th of November, 1894, plaintiff gave to Frank Brothers Company, a private corporation, a chattel mortgage to secure the sum of $260.50. The property described in and encumbered by the foregoing mortgages included all of the personal property of plaintiff exempt from execution under the laws of the state of Idaho. On the seventh day of November, 1894, the defendant…
2Cases cited1 opinion
- Cochrane v. RichMassachusetts Supreme Judicial Court · 1886
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