Barton v. Groseclose
Idaho Supreme Court
APPEAL from the District Court in and for Washington County. Honorable Frank J. Smith, Judge. From an order made and entered dissolving an attachment, the plaintiff appeals.
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APPEAL from the District Court in and for Washington County. Honorable Frank J. Smith, Judge. From an order made and entered dissolving an attachment, the plaintiff appeals. Under an identical statute and an identical case with the one at bar, Eads v. Kessler, 121 Cal. 244, 53 Pae. 656, the supreme court of California says: “It is to be observed that the existence of a vendor’s lien always presupposes that the title of the goods has passed to the vendee, since it would be an incongruous conception that the vendor might have a lien upon his own goods. If it has been held that one who makes a…
1Opinion of the CourtAilshie, J.
— This appeal is from an order dissolving an attachment. The plaintiff, Barton, commenced his aetion in the district court as the assignee of two claims against the defendant — one an ordinary promissory note, the other the usual combination form of promissory note and conditional sale contract. Upon the filing of the complaint the plaintiff duly and regularly procured the issuance of a writ of attachment .and caused certain of the property of the defendant to be attached, out of which to make any judgment that might be recovered against him. The defendant moved to dissolve the attachment on…
2Cases cited6 opinions
- Ross-Meehan Brake Shoe Foundry Co. v. Pascagoula Ice Co.Mississippi Supreme Court · 1895
- W. W. Kimball Co. v. MellonWisconsin Supreme Court · 1891
- Mark Means Transfer Co. v. MackinzieIdaho Supreme Court · 1903
- Myres v. YapleMichigan Supreme Court · 1886
- Standard Steam Laundry v. DoleUtah Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State Bank v. JohnsonWashington Supreme Court · 1918
- Mochel v. ClevelandIdaho Supreme Court · 1930
- Foore v. Simon Piano Co.Idaho Supreme Court · 1910
- Pease v. Teller Corp.Idaho Supreme Court · 1912
- Peasley v. NobleIdaho Supreme Court · 1910
12 more not listed; retrieve them via the Exa API.