Wallace v. Lewis
Montana Supreme Court
Appeal from Sixth Judicial District, Gallatin County. This action was commenced in the District Court of Lewis and Clarke County. A change of venue was granted by Hunt, J., to Gallatin County on motion of the defendants. The order discharging the attachment was made by Henry, J. Statement of facts, prepared by the judge delivering the opinion.
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Appeal from Sixth Judicial District, Gallatin County. This action was commenced in the District Court of Lewis and Clarke County. A change of venue was granted by Hunt, J., to Gallatin County on motion of the defendants. The order discharging the attachment was made by Henry, J. Statement of facts, prepared by the judge delivering the opinion. The complaint is on a money demand, and was filed in the First District Court in and for Lewis and Clarke County, November 27, 1889. Summons was issued, and served on defendant Lewis December 2d, and on defendant Vaughn December 12th, each iu Gallatin…
1Opinion of the CourtDe Witt, J.
Section 200 of the Code of Civil Procedure is as follows: “The defendant may also, at any time before the time for answering expires, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought, or the judge thereof, that the attachment be discharged on the ground that the writ was improperly issued.” This statute is interpreted that the time in which the application *403must be made “refers to the time in which the defendant shall appear and answer the summons.” (Vaughn v. Dawes, 7 Mont. 362.) That is, if the summons be served on defendant in a district…
2Cases cited5 opinions
- People v. Ah SamCalifornia Supreme Court · 1871
- Ford v. DoyleCalifornia Supreme Court · 1872
- Bowers v. BobCalifornia Supreme Court · 1873
- Jenkins v. FrinkCalifornia Supreme Court · 1865
- Vaughn v. DawesMontana Supreme Court · 1888
3Cited by12 opinions
- Jensen v. BarbourMontana Supreme Court · 1892
- O'Hanion v. Great Northern Railway Co.Montana Supreme Court · 1926
- Gahagan v. GuglerMontana Supreme Court · 1935
- Great Northern Railway Co. v. HatchMontana Supreme Court · 1934
- State Ex Rel. Davis v. District CourtMontana Supreme Court · 1924
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