Martin v. Maxey

This action is of kindred nature, and mainly determined by Ryan v. Maxey, just decided by this court. (See ante, p. 81.) But a few slight distinctions should be noticed.

Appellant insists: 1. That the attachment lien acquired by attachment of the property in controversy was lost by taking out execution and selling the attached property thereon, while the appeal from the order of Judge Liddell dissolving the attachment was pending in the supreme court. (Maxey v. Speith, 8 Mont. 494.) The attaching creditor perfected his appeal from that order, and, while the same was pending and undetermined,…