Elder v. Shaw
Nevada Supreme Court
Appeal from the District Court of the Third Judicial District, Lyon County. The facts appear in the opinion. I. The attachment Avas fraudulently procured, and was void ab initio. The bond given to release it cannot be enforced at Lav. (Drake on Attachment, secs. 416, 173 a, 274 et seq.; Drummond v. Stewart, 8 IoAva, 341.) II. Unless enjoined, the bond may be assigned to an innocent purchaser. (3 Daniel Ch. Pr. 1726, 1755, and 1756; Hilliard on Judgments, 291 et seq.) III.
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Appeal from the District Court of the Third Judicial District, Lyon County. The facts appear in the opinion. I. The attachment Avas fraudulently procured, and was void ab initio. The bond given to release it cannot be enforced at Lav. (Drake on Attachment, secs. 416, 173 a, 274 et seq.; Drummond v. Stewart, 8 IoAva, 341.) II. Unless enjoined, the bond may be assigned to an innocent purchaser. (3 Daniel Ch. Pr. 1726, 1755, and 1756; Hilliard on Judgments, 291 et seq.) III. The district court had full power, under the Avell established rules of equity jurisprudence, to enjoin the enforcement of…
1Opinion of the Court
By the Court,
Leonard, J.:
On the thirtieth of November, 1874, respondent Shaw commenced an action in the justice court, Silver City township, Lyon county, in this state, against one J. B. Laws, to recover one hundred and thirty dollars, alleged to be due for feeding stock. An attachment Avas demanded and regularly issued, so far as appears on the face of the papers; eight horses and a Avood wagon Avere attached as the property of defendant, Lravs, by the constable of said township. Eor the purpose of obtaining a release of the prop*80erty, the plaintiffs in this suit executed and delivered to the…
2Cases cited2 opinions
- Butler v. DurhamSupreme Court of Georgia · 1847
- Hamer v. KaneNevada Supreme Court · 1871
3Cited by3 opinions
- First National Bank v. Nye CountyNevada Supreme Court · 1914
- Lamance v. ByrnesNevada Supreme Court · 1882
- Earles v. GilhamNevada Supreme Court · 1887