Legal Opinion · Concurrence

Merchants Credit Service, Inc. v. Chouteau County Bank

Montana Supreme Court

Decided June 19, 1941No. 8,143Published

1Concurrence

The legislature undoubtedly had good reason for requiring a separate writ for each county. Whatever the reason for it, it is the law. And if the law means anything it is that a writ has no force and can be of no effect outside of the county for which it is issued. And that being true, anything done under it in an outside county is as if there were no writ in the hands of the officer acting. (Bybee v. Ashby, (Ill.) 2 Gilman, 151; 43 Am. Dec. 47; Edwards v. Case, 78 Or. 220, 152 P. 880;Pillsbury v. Smyth, 25 Me. 427; Corrigan v. Kahn,120 Misc. 161, 198 N.Y. Supp. 785; Huber v.…

2Cases cited12 opinions

  1. Insurance Co. of North America v. Friedman Bros.Texas Supreme Court · 1889
  2. Fletcher v. WearSupreme Court of Missouri · 1884
  3. Clark v. SawyerCalifornia Supreme Court · 1874
  4. Christy v. SpringsSupreme Court of Oklahoma · 1902
  5. McDonald & Co. v. MooreSupreme Court of Iowa · 1884

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