Salmon v. Mills
Court of Appeals for the Eighth Circuit
In Error to tbe United States Court in tbe Indian Territory. This was a suit by G. Y. Salmon against Abram Mills and Jackson Mills to recover judgment on two promissory notes. An attachment was levied upon certain property, and thereupon one C. M. Condon obtained leave to intervene, asserting that he was the owner of the attached property. The issue on the attachment was tried by jury, and found for the plaintiff.
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In Error to tbe United States Court in tbe Indian Territory. This was a suit by G. Y. Salmon against Abram Mills and Jackson Mills to recover judgment on two promissory notes. An attachment was levied upon certain property, and thereupon one C. M. Condon obtained leave to intervene, asserting that he was the owner of the attached property. The issue on the attachment was tried by jury, and found for the plaintiff. The court granted a new trial, and afterwards, on motion to vacate the attachment, held that the affidavit upon which the attachment was issued was insufficient. Plaintiff then…
1Opinion of the Court
TI1AYEII, Circuit Judge.
This case was before this court at a former term, and is reported in 4 U. S. App. 101, 1 C. C. A. 278, 49 Fed. 333. Before the case was retried, G. Y. Salmon, the plaintiff in error, who was also the plaintiff in the trial court, filed an amended affidavit for an attachment, alleging therein the following-grounds, to wit:
“First, that the above-named, defendants are about to remove and have removed their property, or a material pa.rt thereof, out of the Indian Territory, not leaving enough therein to satisfy the plaintiff’s claim or the claim of, defendants’ creditors;…
2Cases cited3 opinions
- Nelson v. Adolph MunchSupreme Court of Minnesota · 1876
- Smith v. BakerSupreme Court of Alabama · 1885
- Salmon v. MillsCourt of Appeals for the Eighth Circuit · 1892
3Cited by3 opinions
- Dodge v. NorlinCourt of Appeals for the Eighth Circuit · 1904
- Rector v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- Deseret National Bank v. Little, Roundy & Co.Utah Supreme Court · 1896