Blyth & Fargo Co. v. Swensen Bros.
Wyoming Supreme Court
EeseRved questions from the District Court for Uintah County. Hon. Jesse Knight, Judge. This is a suit upon a judgment obtained by the plaintiffs against the defendants in a district court in Utah, and the plaintiffs sued out an attachment which was levied upon certain personal property of the defendants in this State.
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EeseRved questions from the District Court for Uintah County. Hon. Jesse Knight, Judge. This is a suit upon a judgment obtained by the plaintiffs against the defendants in a district court in Utah, and the plaintiffs sued out an attachment which was levied upon certain personal property of the defendants in this State. A motion was made by the defendants to dissolve the attachment, and upon the hearing of this motion the court certified certain questions to this court as difficult and important. They are as follows : 1. Is an affidavit for attachment sufficient in which the plaintiff is a…
1Opinion of the Court
CoRN, Justice.
[After stating the case as above] It is maintained by defendant that the affidavit in this case is not only insufficient but void and in effect no affidavit at all, and therefore not amendable.
Under our code of civil procedure all actions are commenced by filing a petition and precipe for summons, and attachment proceedings are always ancillary. The same particularity of statement in the affidavit need not therefore be required as in cases where the attachment is the basis of the action, and whereby the court obtains jurisdiction. Nevertheless it is absolutely essential that…
2Cases cited1 opinion
- Moline, Milburn & Stoddard Co. v. CurtisNebraska Supreme Court · 1893
3Cited by9 opinions
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- Agricultural Bond & Credit Corp. v. Courtenay Farmers Co-Operative Ass'nNorth Dakota Supreme Court · 1933
- A. P. Hotaling & Co. v. BroganCalifornia Court of Appeal · 1910
- White v. VeitchWyoming Supreme Court · 1921
- Paradise Valley Country Club v. Wyoming State Board of EqualizationWyoming Supreme Court · 1988
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