Farmers State Bank v. Gray
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Raymond L. Givens, Judge. Motion by defendants to quash an attachment. From order denying motion, defendants appeal. The affidavit for attachment must state facts sufficient to conform to all the statutory requirements.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Raymond L. Givens, Judge. Motion by defendants to quash an attachment. From order denying motion, defendants appeal. The affidavit for attachment must state facts sufficient to conform to all the statutory requirements. If it fails to do so, the court is without jurisdiction to issue the writ. {Kerns v. McAulay, 8 Ida. 558, 69 Pac. 539; Boss v. Gold Bidge Mining Go., 14 Ida. 687, 95 Pac. 821; Knutsen v. Phillips, 16 Ida. 267, 101 Pac. 596; 6 C. J. 146; C. S. 6780; Heaton v. Panhandle Smelting Go., Ltd., 32…
1ConcurrenceBudge, J.
I concur in the conclusion reached by Chief Justice Rice “that the sale of the property as disclosed by the affidavit in this case did not deprive respondent of its right of attachment and that it could truthfully make the affidavit required by the statute to the effect that the security had become valueless without any act on its part.” I am, however, out of accord with that portion of the opinion which holds “that the amended affidavit is insufficient in substance to justify the attachment.” The Chief Justice says, if I correctly understand the language used in his *59opinion, that the amended…
2Cases cited3 opinions
- Vollmer v. SpencerIdaho Supreme Court · 1897
- Knutsen v. PhillipsIdaho Supreme Court · 1909
- Heaton v. Panhandle Smelting Co.Idaho Supreme Court · 1919