Mason, Ehrman & Co. v. Lieuallen
Idaho Supreme Court
APPEAL from District Court, Latah County. Sections 4319 and 4320 provide for the discharge of an attachment “on the ground that the same was improperly or irregularly issued.” If personal property attached be claimed by a third person as his property, 'such claimant may get possession of his property by an action of replevin against the officer, but he cannot try the issue of the ownership of the property by a motion to discharge the attachment.
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APPEAL from District Court, Latah County. Sections 4319 and 4320 provide for the discharge of an attachment “on the ground that the same was improperly or irregularly issued.” If personal property attached be claimed by a third person as his property, 'such claimant may get possession of his property by an action of replevin against the officer, but he cannot try the issue of the ownership of the property by a motion to discharge the attachment. (Jones v. Carr» 16 Ohio St. 425; Capital Lumber Go. v. Hall, 9 Or. 93; Storms v. Eaton, 5 Neb. 453; Howe v. Bowen, 28 111. 116; Pilco v. Colvin, 67…
1Opinion of the CourtHuston, J.
This is an appeal from an order of the judge of the second district, made at chambers, dissolving an attachment. On the fourth day of October, 1894, the plaintiffs commenced suit against the defendant, in the district court for Latah county, and caused an attachment to be issued, which was levied upon certain real estate of defendant in said county. On the 24th of October, 1894, defendant served upon plaintiffs’ attorneys á notice of .motion to dissolve the attachment, which motion was noticed to be heard before the judge of said district at chambers, on the twenty-ninth day of October, 1894.…
2Cases cited4 opinions
- Windt v. BannizaWashington Supreme Court · 1891
- Quigley v. McEvonyNebraska Supreme Court · 1894
- Hamilton v. JohnsonNebraska Supreme Court · 1891
- Guest v. RamseySupreme Court of Kansas · 1893
3Cited by9 opinions
- Shelby v. ZieglerSupreme Court of Oklahoma · 1908
- Beigler v. ChamberlinSupreme Court of Minnesota · 1920
- Moseley v. Fidelity & Deposit Co.Idaho Supreme Court · 1920
- Bash v. HowaldSupreme Court of Oklahoma · 1910
- First National Bank v. CollinsIdaho Supreme Court · 1932
4 more not listed; retrieve them via the Exa API.