Legal Opinion

Langstaff v. Miles

Montana Supreme Court

Decided January 15, 1885PublishedCited by 8 opinions

Appeal from Second District, Silver Bow County.

1Opinion of the Court

Wade, 0. J.

This is an appeal from an order discharging an attachment, and the denial of leave to file a new -undertaking, and is in every respect like the case of Pierse v. Miles, ante, p. 549, decided at this term, and-on the authority of that case, and those cited herein, we hold:

1. That an undertaking in attachment need not be signed by the plaintiff. The statute is complied with if two sufficient sureties sign the undertaking on behalf of the plaintiff.

2. An undertaking in attachment, in which the sureties contract to answer for the wrongful suing out of the attachment, is not so wide in…

2Cases cited2 opinions

  1. Sharpe v. HunterSupreme Court of Alabama · 1849
  2. Eaton v. BartschererNebraska Supreme Court · 1877

3Cited by8 opinions

  1. Burns v. Superior CourtCalifornia Supreme Court · 1903
  2. S. C. Herbst Importing Co. v. HoganMontana Supreme Court · 1895
  3. Ex parte McGeeOregon Supreme Court · 1898
  4. Josephi v. Mady Clothing Co.Montana Supreme Court · 1893
  5. Bone v. TraftonCalifornia Court of Appeal · 1916

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