Vollmer v. Spencer
Idaho Supreme Court
APPEAL from District Court, Latah County. The court below having dissolved an entire attachment where two separate and distinct causes of attachment are separately and distinctly stated in the affidavit therefor, upon the traverse of one only committed a palpable error. (Drake an Attachment, sec. 101.) And if the defendant leaves one of the causes uncontested, it will sustain the attachment though all the others be nutrue.
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APPEAL from District Court, Latah County. The court below having dissolved an entire attachment where two separate and distinct causes of attachment are separately and distinctly stated in the affidavit therefor, upon the traverse of one only committed a palpable error. (Drake an Attachment, sec. 101.) And if the defendant leaves one of the causes uncontested, it will sustain the attachment though all the others be nutrue. (1 Wade on Attachments, p. 136, sec. 64; Keith v. Stetter, 25 Kan. *100.) The case at bar is stronger than the Kansas case. There, there were three grounds for one of the…
1Opinion of the CourtQ.itarles, J.
rlhe appellant, as plaintiff, sued the defendant on two separate notes, and filed an affidavit and undertaking for attachment to secure both debts, which attachment issued. Thereafter the respondent served notice of motion, based upon affidavit, to dissolve the attachment, upon the ground that the affidavit for attachment was false, in this: That it stated that the note for $200 (sued on in the second cause of action) had not been secured by any mortgage or lien upon real or personal property, or by any pledge of personal property, when in truth and in fact said promissory note was at the…
2Cases cited3 opinions
- Murphy v. MontandonIdaho Supreme Court · 1892
- Fisk v. FrenchCalifornia Supreme Court · 1896
- Willman v. FriedmanIdaho Supreme Court · 1893
3Cited by9 opinions
- Crouter v. United Adjusters, Inc.Oregon Supreme Court · 1971
- Eckhardt v. TaylorSupreme Court of Kansas · 1913
- Mitchell v. Ada Investment Co.Idaho Supreme Court · 1926
- Heaton v. Panhandle Smelting Co.Idaho Supreme Court · 1919
- Cable v. OlsonIdaho Supreme Court · 1932
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