Watson v. Loewenberg
Oregon Supreme Court
From Multnomah : Thos. A. Stephens, Judge. This action was commenced on the thirty-first of January, 1895, by J. Frank Watson to recover from Julius Loewenberg upon four separate promissory notes, aggregating in amount about $16^000, made by defendant to the Merchants’ National Bank, and by it assigned and transferred to the plaintiff for collection, who, at the time the action was commenced, caused a writ of attachment to be, issued and certain personal property and various…
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From Multnomah : Thos. A. Stephens, Judge. This action was commenced on the thirty-first of January, 1895, by J. Frank Watson to recover from Julius Loewenberg upon four separate promissory notes, aggregating in amount about $16^000, made by defendant to the Merchants’ National Bank, and by it assigned and transferred to the plaintiff for collection, who, at the time the action was commenced, caused a writ of attachment to be, issued and certain personal property and various parcels of real estate attached as security for any judgment which the plaintiff might recover. On the twenty-first of…
1Opinion of the CourtJustice Bean
1. It appears from this statement of the case that the defendant sought to have the attachment discharged by a traverse of the facts alleged in plaintiff’s affidavit. *335In such case the rule is well settled that, whatever the method of procedure may be, the traversing affidavit or plea must deny every statutory ground alleged in the procuring affidavit in as direct and explicit terms as if it were an answer to a complaint, and must be tested by the same rules of pleading. “The denial of the grounds of attachment, as alleged in the affidavit,” says Mr. Wade, “should be positive, clear, and…
2Cases cited6 opinions
- Keith v. StetterSupreme Court of Kansas · 1881
- Porter v. BrooksCalifornia Supreme Court · 1868
- McFarland v. ClaypoolIllinois Supreme Court · 1889
- Hansen v. DohertyWashington Supreme Court · 1890
- Bane v. KeysMichigan Supreme Court · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Bowman v. WadeOregon Supreme Court · 1909
- Edwards v. Dealers' Ice & Cold Storage Co.Arizona Supreme Court · 1915