Sabin v. Burke
Idaho Supreme Court
APPEAL from District Court, Latah County. It is admitted that the plaintiffs, Murphy, Grant & Co., Sabin (Dawson) and Ford, had valid subsisting attachments on the property of Barnett, which Burke was attempting to subject to the payment of his judgments before his claims on which he afterward recovered judgments had ripened into judgment, and we contend that the law is well settled that as such attaching creditors with liens on the property, they could maintain a bill in…
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APPEAL from District Court, Latah County. It is admitted that the plaintiffs, Murphy, Grant & Co., Sabin (Dawson) and Ford, had valid subsisting attachments on the property of Barnett, which Burke was attempting to subject to the payment of his judgments before his claims on which he afterward recovered judgments had ripened into judgment, and we contend that the law is well settled that as such attaching creditors with liens on the property, they could maintain a bill in equity to enjoin the subjection of this property to any fraudulent claims, and prevent fraudulent conveyances. This rule…
1Opinion of the CourtMorgan, J.
The following, substantially, are the errors assigned by the attorneys for-the appellant in the findings of fact placed on file by the court, to wit:
*36“They allege as error the finding that on the second day of September, 1889, the defendant, H. K. Barnett, was indebted to the defendant, John Burke, in the sum of $24,350; that at that time the said John Burke was engaged in general banking business at Lewiston; that said indebtedness was then past due and that it was payable at the bank of Lewiston in Lewiston, Idaho, during banking hours of the third day of Septembe'r, 1889; that demand was…
2Cases cited2 opinions
- President of the Bank of the United States v. CarnealSupreme Court of the United States · 1829
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3Cited by9 opinions
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- Cameron Lumber Co. v. Stack-Gibbs Lumber Co.Idaho Supreme Court · 1914
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