American Surety Co. v. Kartowitz
Montana Supreme Court
Appeal from District Court, Hill County; H. C. Hall, Judge. Action by the American Surety Company of New York, a corporation, against Herman F. Kartowitz. From an order denying a motion to dissolve an attachment, defendant appeals.
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Appeal from District Court, Hill County; H. C. Hall, Judge. Action by the American Surety Company of New York, a corporation, against Herman F. Kartowitz. From an order denying a motion to dissolve an attachment, defendant appeals. Attachment, -considered as a means of creating a lien in favor of an ordinary debtor, as a preliminary levy anticipatory of execution after judgment, as an innovation on common law, and as the means by which extraordinary jurisdiction is acquired and exercised, is a harsh and exceptional remedy, and because it is such, the statutes authorizing it should be strictly…
1Opinion of the CourtJustice Holloway
This action was instituted in May, 1915, a writ of attachment secured and property belonging to the defendant seized. Later a motion was made to dissolve the attachment, on the grounds that a sufficient affidavit had not been filed, and that a demurrer to the complaint had been sustained. The motion was overruled with leave to renew it after the amended complaint was filed. On appeal to this court the order was affirmed. (54 Mont. 92, 166 Pac. 685.) In January, 1919, defendant renewed the motion to dissolve upon the ground of insufficiency of the affidavit, but the record fails to disclose…
2Cases cited6 opinions
- MacGinniss v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1904
- King v. Pony Gold Mining Co.Montana Supreme Court · 1900
- Maloney v. KingMontana Supreme Court · 1904
- American Surety Co. v. KartowitzMontana Supreme Court · 1917
- Continental Oil Co. v. JamesonMontana Supreme Court · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
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- Patch v. StewartMontana Supreme Court · 1927
- Bear Lake State Bank v. WilcoxIdaho Supreme Court · 1929
- Marriage of BeckerMontana Supreme Court · 1992
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