Taylor v. Fluharty
Idaho Supreme Court
APPEAL from tbe District Court of the Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action upon a promissory note. Judgment for plaintiff. In Idaho there seems to be no difference as to the effect and validity of a writ of attachment, or as to its rightfulness or wrongfulness between an insufficient and a false affidavit, for in either case the writ is issued without jurisdiction and therefore wrongfully issued.
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APPEAL from tbe District Court of the Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action upon a promissory note. Judgment for plaintiff. In Idaho there seems to be no difference as to the effect and validity of a writ of attachment, or as to its rightfulness or wrongfulness between an insufficient and a false affidavit, for in either case the writ is issued without jurisdiction and therefore wrongfully issued. (Murphy v. Montmidon, 3 Ida. 325, 35 Am. St. 279, 29 Pac. 851; Merchants’ Nat. Bank v. Buisseret, 15 Cal. App. 444, 115 Pac. 58; Kerns v. McAulay, 8…
1Opinion of the Court
BUDGE, J.-
This is an action upon a promissory note, which is written upon a letter-head of respondent company, with the exception of the words “Smith Manufacturing & Irrigating Go,” which are printed thereon with a rubber stamp. Aside from the matter contained in the letter-head, the document reads as follows:
*711“Smith Manufacturing & Irrigating Co.
“$327.00 Lewiston, Idaho, Jan. 21, 1918.
“Thirty days after date for-value Received We promise to pay to Idaho Foundry & Machine Co. Three Hundred and Twenty Seven Dollars. Without interest if paid when due. Interest at Bight per cent per annum if not…
2Cases cited41 opinions
- H. F. & E. D. Craddock v. GoodwinTexas Supreme Court · 1881
- Sparks v. Dispatch Transfer Co.Supreme Court of Missouri · 1891
- Megowan v. . PetersonNew York Court of Appeals · 1902
- Casco National Bank of Portland v. ClarkNew York Court of Appeals · 1893
- Carpenter v. FarnsworthMassachusetts Supreme Judicial Court · 1871
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3Cited by10 opinions
- Austin, Nichols Co., Inc. v. GrossSupreme Court of Connecticut · 1923
- Hansen v. LindellWashington Supreme Court · 1942
- Robertson v. Club EphrataWashington Supreme Court · 1956
- Starley v. Deseret Foods CorporationUtah Supreme Court · 1938
- Taylor v. FluhartyIdaho Supreme Court · 1925
5 more not listed; retrieve them via the Exa API.