First Nat. Bank of Hailey v. Sonnelitner
Idaho Supreme Court
APPEAL from District Court, Blaine County. ■ The description in the writ of attachment in the case of Bank v. Hendel was so defective as to be void. (Menley v. Zeigler, 23 Tex. 88; Porter v. Byrne, 10 Ind. 147, 71 Am. Dec. 305; Hathaway v. Laribee, 27 Me. 449; Henry v. Mitchell, 32 Mo. 512; Taylor v. Gozart, 4 Humph, 433, 40 Am. Dee. 655, and cases cited in note on page 656.) It fails to locate the land in a^city, town, county or state.
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APPEAL from District Court, Blaine County. ■ The description in the writ of attachment in the case of Bank v. Hendel was so defective as to be void. (Menley v. Zeigler, 23 Tex. 88; Porter v. Byrne, 10 Ind. 147, 71 Am. Dec. 305; Hathaway v. Laribee, 27 Me. 449; Henry v. Mitchell, 32 Mo. 512; Taylor v. Gozart, 4 Humph, 433, 40 Am. Dee. 655, and cases cited in note on page 656.) It fails to locate the land in a^city, town, county or state. The statute (Idaho Rev. Stats., see. 4307) requires certain formalities to be complied with in order that a valid attachment of real estate may be had. Each…
1Opinion of the CourtQuarles, J.
— The respondent, as plaintiff, commenced this action in ejectment to recover lots 9 and 10, in block 42, in the town of Hailey, Blaine (formerly Alturas) county, Idaho. The material averments of the complaint are denied by the answer. The cause was tried by the court without a jury, and findings of fact, conclusions of law, and judgment were made and entered in favor of the plaintiff. The defendant moved for a new trial on two grounds: (1) Insufficiency of the evidence to justify the decision; and (2) errors of law occurring at the trial, and excepted to by the defendant. The district court…
2Cases cited6 opinions
- Watt v. WrightCalifornia Supreme Court · 1884
- Main v. TappenerCalifornia Supreme Court · 1872
- Meuley v. ZeiglerTexas Supreme Court · 1859
- Wheaton v. NevilleCalifornia Supreme Court · 1861
- Henry v. MitchellSupreme Court of Missouri · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Long v. Burley State BankIdaho Supreme Court · 1917
- Williams v. OldenIdaho Supreme Court · 1900
- Truax v. Title Guaranty & Surety Co.Washington Supreme Court · 1917
- Bothwell v. KeeferIdaho Supreme Court · 1933