Hoskins v. White
Montana Supreme Court
Appeal from Sixth Judicial District, Parle Cou/nty. Action for wrongful attachment. Judgment was rendered for defendants below by Henry, J. White and Platt were proper parties defendant (Code Civ.
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Appeal from Sixth Judicial District, Parle Cou/nty. Action for wrongful attachment. Judgment was rendered for defendants below by Henry, J. White and Platt were proper parties defendant (Code Civ. Proc. § 182; Hawe’s Parties to Actions, § 97; 2 Mont. 429; McIntosh v. Hurst, 6 Mont. 287; Pierse v. Niles, 5 Mont. 549), although the form of plaintiff’s action should have been by a guardian or his next friend, he did not so sue the defendants, neither was he so sued by the defendants, White and Platt, hence they must be deemed to have joined issue on his complaint and thus waived the form of the…
1Opinion of the CourtHarwood, J.
Plaintiff brought this action to recover damages for the alleged wrongful attachment of his goods in a former suit prosecuted against him by respondents, E. A. White and J. L. Platt, Jr. To obtain the attachment in the former suit, White and Platt procured and filed the undertaking required by statute, executed by D. O’Shea and William O’Connor, as sureties, but such undertaking was not signed by the attaching creditors, White and Platt. In that suit it appears Hoskins prevailed, and the attachment on his goods was dissolved. Now he prosecutes this action against White and Platt, and their…
2Cases cited7 opinions
- Pierse v. MilesMontana Supreme Court · 1885
- Schemerhorn v. JenkinsNew York Supreme Court · 1811
- Wibaux v. Grinnell Live Stock Co.Montana Supreme Court · 1889
- Moke v. FellmanTexas Supreme Court · 1856
- Person v. ChaseSupreme Court of Vermont · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HaistSupreme Court of Arkansas · 1903
- Cockrill v. DavieMontana Supreme Court · 1894
- Cole Manufacturing Co. v. MortonMontana Supreme Court · 1900
- Hill v. ReedSupreme Court of Oklahoma · 1909
- Kinney v. Reid Ice Cream Co.Appellate Division of the Supreme Court of the State of New York · 1901
3 more not listed; retrieve them via the Exa API.