Caldwell v. Gans
Montana Supreme Court
Appeal from the Third District, Lewis and Clarice County. This case was tried in July, 1871, by a jury, that returned a verdict for Cans. The court, Wade, J., overruled the motion for a new trial. The facts appear in the opinion. The first ground of defense to this case, that the sureties were released by the sheriff retaking the property upon a second writ of attachment, is untenable. There is no authority in law to sustain such a proposition.
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Appeal from the Third District, Lewis and Clarice County. This case was tried in July, 1871, by a jury, that returned a verdict for Cans. The court, Wade, J., overruled the motion for a new trial. The facts appear in the opinion. The first ground of defense to this case, that the sureties were released by the sheriff retaking the property upon a second writ of attachment, is untenable. There is no authority in law to sustain such a proposition. Justice would be easily defeated if this is law.- The lien of the first attaching creditor is destroyed by the acts of third parties, in replevying…
1Opinion of the CourtWade, C. J.
This is an action on a replevin bond, and the cause comes into this court on appeal from a judgment for defendants in the court below.
A statement of the facts, as shown by the record, will be necessary to a correct understanding of the case.
On the 29th day of January, 1870, the plaintiffs commenced a suit in attachment against one Germain, and levied upon certain personal property belonging to Ger-main, which at that time was in the possession of one Dahler, by virtue of a mortgage by Germain to Dahler, July 1,1869.
On the 3d day of February, 1870, four days after the plaintiffs’ attachment,…
2Cases cited3 opinions
- Hunt v. RobinsonCalifornia Supreme Court · 1858
- M'Rae v. M'LeanSupreme Court of Alabama · 1836
- Evans v. KingSupreme Court of Missouri · 1842
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- Coen v. WatkinsMissouri Court of Appeals · 1895
- Rinker v. LeeNebraska Supreme Court · 1890
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