Gatward v. Wheeler
Idaho Supreme Court
APPEAL from the District Court of Shoshone County, from; an order sustaining a motion to dissolve and discharge an attachment. Honorable Ralph T. Morgan,. District Judge. The facts are stated in the opinion. If the term "indebted” has no legal signification there might, be some room for argument. The supreme court of Wisconsin in. the case of Towbridge v. Sickler, 42 Wis. 420, has adjudicated the meaning of the word "indebted.”
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APPEAL from the District Court of Shoshone County, from; an order sustaining a motion to dissolve and discharge an attachment. Honorable Ralph T. Morgan,. District Judge. The facts are stated in the opinion. If the term "indebted” has no legal signification there might, be some room for argument. The supreme court of Wisconsin in. the case of Towbridge v. Sickler, 42 Wis. 420, has adjudicated the meaning of the word "indebted.” The court says: "It has-been held in Louisiana that the words ‘really indebted’ convey the idea of a debt actually due and payable; not debitum in-praesenti, solvendum…
1Opinion of the CourtStockslager, J.
— This case is here for review on two appeals from the district court of Shoshone county. December ■14, 1903, plaintiffs filed their complaint in the district court praying for a judgment against defendants for the sum of $3,-199.26; on the same day the clerk of the district court issued an attachment, and on the twenty-ninth day of December the sheriff returned the writ with his service showing he had levied on certain real estate in Shoshone county alleged to be the property of defendants.
At the time of filing the complaint the plaintiffs caused to be filed an affidavit for attachment, to…
2Cases cited5 opinions
- Kerns v. McAulayIdaho Supreme Court · 1902
- Mathews v. DensmoreMichigan Supreme Court · 1880
- Wilcox v. JamiesonSupreme Court of Colorado · 1894
- Trowbridge v. SicklerWisconsin Supreme Court · 1877
- Weaver v. HaywardCalifornia Supreme Court · 1871
3Cited by2 opinions
- Ross v. Gold Ridge Mining Co.Idaho Supreme Court · 1908
- Bannock Title Co. v. LindseyIdaho Supreme Court · 1963