Cross v. Union Storage & Transfer Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a judgment of tlie Supreme Court of the District of Columbia, overruling a motion to quash a writ of attachment and to vacate an order of condemnation.
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Hearing on an appeal from a judgment of tlie Supreme Court of the District of Columbia, overruling a motion to quash a writ of attachment and to vacate an order of condemnation. The Court in the opinion stated the facts as follows: The appellee, Union Storage and Transfer Company, in January, 1915, sued the appellants, Samuel E. Cross and Carrie E. King, in the municipal court to recover $34-, and caused to be issued and levied an attachment upon certain property belonging to the appellants. Shortly afterwards a judgment against the appellee in the sum of $34: and a judgment of condemnation…
1Opinion of the CourtChief Justice Smyth
The supreme court refused to sustain the motion to quash and s t aside the judgment of condemnation, on the ground that it was not seasonably made. We think the court was right.
There is a contrariety of opinion in the courts with respect to the time when a motion to quash an attachment must be made, if at all; some holding that it must be made upon the return of the writ or as soon thereafter as possible (Beecher v. James, 3 Ill. 462; Brewster v. James, 3 Ill. 464); some that it may be made at any time before trial or final judgment (Jarvis v. Barrell, 14 Wis. 591; Trent v. Edmonds, 32 Ind.…
2Cases cited5 opinions
- Jarvis v. BarrettWisconsin Supreme Court · 1861
- Andrews v. SchofieldAppellate Division of the Supreme Court of the State of New York · 1898
- Trent v. EdmondsIndiana Court of Appeals · 1904
- Beecher v. JamesIllinois Supreme Court · 1840
- Brewster v. JamesIllinois Supreme Court · 1840