Cope v. Upper Missouri Mining & Prospecting Co.
Montana Supreme Court
Appeal from the First District, Madison Oounty. Cope commenced this action in February, 1868, to recover for services performed and goods sold and delivered. The complaint contained the following verification and affidavit of the respondent: “'George F. Cope, plaintiff in tire above suit, makes oatli and says, the facts as stated in the foregoing complaint have been read to Mm, and that he knows of his own knowledge they are as stated therein true.
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Appeal from the First District, Madison Oounty. Cope commenced this action in February, 1868, to recover for services performed and goods sold and delivered. The complaint contained the following verification and affidavit of the respondent: “'George F. Cope, plaintiff in tire above suit, makes oatli and says, the facts as stated in the foregoing complaint have been read to Mm, and that he knows of his own knowledge they are as stated therein true. Affiant says, on his said oath aforesaid, that said defendant is indebted to the plaintiff in the sum of $4,253.30, over and above all legal…
1Opinion of the CourtKnowles, J.
This cause comes to this court on appeal from an order overruling a motion to dissolve an attachment proceeding.
The first point relied upon by the appellant in support of his motion is, that the attachment proceeding is void, for the reason that in the affidavit, upon which the attachment proceeding is founded, the facts necessary for the verification of the complaint are set forth. It is contended that this alone, notwithstanding there may be sufficient set forth in the affidavit to sustain the attachment writ, is such a defect that the court should have dissolved the whole proceeding. No…
2Cases cited2 opinions
- Andrews v. Mokelumne Hill Co.California Supreme Court · 1857
- Hawley v. DelmasCalifornia Supreme Court · 1854
3Cited by4 opinions
- Union Bank & Trust Co. v. HimmelbauerMontana Supreme Court · 1919
- Gilna v. BarkerMontana Supreme Court · 1927
- Hamilton v. Baker-Hansen Manufacturing Co.California Supreme Court · 1917
- American Manufacturing Co. v. National Supply Co.Lucas Circuit Court · 1907