Willman v. Friedman
Idaho Supreme Court
APPEAL from District Court, Alturas County. The following is the confused state of the California decisions: Hess v. Sparks, 15 Cal. 186, holds that the interest remaining in vendor, where title has not passed, as a vendor’s lien. (Query, Is the title merged ?) Hill v. Grigsby, 32 Cal. 55, following in the line of Hess v. Sparks, though regretting' it, holds that there is a vendor’s lien where title has not passed, and dissolves an attachment.
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APPEAL from District Court, Alturas County. The following is the confused state of the California decisions: Hess v. Sparks, 15 Cal. 186, holds that the interest remaining in vendor, where title has not passed, as a vendor’s lien. (Query, Is the title merged ?) Hill v. Grigsby, 32 Cal. 55, following in the line of Hess v. Sparks, though regretting' it, holds that there is a vendor’s lien where title has not passed, and dissolves an attachment. Porker v. Brooks, 35 Cal. 199, holds that a vendor’s lien will not dissolve an attachment where title has passed. Gessner v. Pahnateer, 89 Cal. 91, 96,…
1Opinion of the CourtIiTISTON, C. J.
This action was originally commenced by the plaintiff to recover certain sums of money alleged to be due to him from the defendant, and evidenced by certain instruments in writing. On filing his complaint, plaintiff caused an attachment to be issued and served upon defendant, who was at the time engaged in the business of general merchandising in the town of Hailey, Alturas county, Idaho. Defendant moved the district judge for the dissolution of the attachment, upon the ground that it was Avrongfully issued, which motion was allowed by the district court; and from this action of the district…
2Cases cited7 opinions
- Conner v. WintonIndiana Supreme Court · 1856
- Waugenheim v. GrahamCalifornia Supreme Court · 1870
- Reed v. Chubb Brothers, Barrows & Co.Supreme Court of Iowa · 1859
- Willman v. FriedmanIdaho Supreme Court · 1893
- Stadler Bro. & Co. v. ParmleeSupreme Court of Iowa · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State Ex Rel. Sweeley v. BraunIdaho Supreme Court · 1941
- C. I. T. Corporation v. ElliottIdaho Supreme Court · 1945
- Exchange Lumber & Mfg. Co. v. ThomasIdaho Supreme Court · 1951
- Anderson v. FergusonIdaho Supreme Court · 1936
- Wollan v. McKayIdaho Supreme Court · 1913
7 more not listed; retrieve them via the Exa API.