Omaha Upholstering Co. v. Chauvin-Fant Furniture Co.
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. Action on account. Defendant’s motion to dissolve the attachment was denied by Speek, J. Statement of the case by the justice delivering the opinion.
Read the full summary
Appeal from Second Judicial District, Silver Bow County. Action on account. Defendant’s motion to dissolve the attachment was denied by Speek, J. Statement of the case by the justice delivering the opinion. So far as necessary to explain the point involved in >this case the following facts may be stated : This was an action by the plaintiff against the defendant to recover the sum of §1,823.00, alleged to be due by defendant and for goods sold and delivered by certain mercantile firms to defendant, which said firms assigned their accounts to plaintiff for a valuable consideration and before…
1Opinion of the CourtHuNt, J.
Section 200, of the First Division, Code Civil Procedure, 1887, provides that the defendant may apply on motion, upon reasonable notice to the plaintiff, to the court in which the action was brought, that the attachment be discharged, on the ground that the writ was improperly issued. A motion made under this statute should state specifically the grounds upon which the motion is based; so should the notice of motion to discharge the attachment. The object of such specifications is to give information to the adverse party of the particular nature of the objections to be made to the writ: As…
Also in this document: Concurrence.
2Cases cited7 opinions
- Newell v. WhitwellMontana Supreme Court · 1895
- Freeborn v. GlazerCalifornia Supreme Court · 1858
- Donnelly v. StruevenCalifornia Supreme Court · 1883
- Loucks v. EdmondsonCalifornia Supreme Court · 1861
- Vaughn v. DawesMontana Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gilna v. BarkerMontana Supreme Court · 1927
- Bailey v. HansenMontana Supreme Court · 1937
- Jackson v. BarrettIdaho Supreme Court · 1906
- Davis v. BryantMontana Supreme Court · 1922
- Pape v. Chauvin-Fant Furniture Co.Montana Supreme Court · 1901