Smith v. Nicholson
North Dakota Supreme Court
Appeal from District Court, Foster County; Rose, J. Action by E. Delafield Smith against Malcolm Nicholson and Margaret Nicholson. From an order refusing to discharge attachment, and from a judgment for plaintiff, defendants appeal.
1Opinion of the CourtBartholomew, J.
This action was based upon promissory notes executed by the defendants in favor of plaintiff. It was aided by attachment. The service was by publication. Defendants appeared specially, and moved to discharge the attachment. The court denied this motion, and this made the ground of the first assignment of error. It is urged that the writ of attachment was prematurely issued, in that, when the clerk issued the writ, no summons had been issued in the case. The summons was dated November I, 1893, and was in due and proper form and signed by plaintiff’s attorneys. The writ of attachment was issued…
2Cases cited2 opinions
- White v. JohnsonOregon Supreme Court · 1895
- Mills v. CorbettNew York Supreme Court · 1853
3Cited by1 opinion
- Taugher v. Northern Pacific Railway Co.North Dakota Supreme Court · 1910