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· 8/5/1916

Belleview v. Wittenberg

Citations

  • 5 Alaska 515

Syllabus

<p>1. Attachment <@=>191—Redelivery Bond.</p> <p>The giving of a redelivery bond in attachment under section 977, Comp. Laws Alaska 1913, does not operate as a discharge of the lien of the attachment.</p> <p>2. Attachment <@=>184—Redelivery Bond-—Release.</p> <p>Upon recovery of judgment by an attaching creditor, in ease a redelivery bond has been given and the property released, the court shall order and adjudge the property to be sold to. satisfy the plaintiff’s demands, and, if execution issue thereon, the marshal shall apply the property attached by him, or the proceeds thereof, upon execution. The failure of the plaintiff to cause the court to order the released property to be sold to satisfy the plaintiff’s execution, and the application for and taking of a personal judgment against the defendant, constituted a waiver of tlie lien of attachment, and precluded a recovery upon the redelivery bond given to secure the same.</p> <p><®=>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>3. Bonds @=^35—Attachment—Common-Law Obligation.</p> <p>Bedelivery bond in attachment will not be sustained as a common-law obligation, for want of consideration.</p> <p><§=»See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • rejecting Government’s attempt to supplement the record to correct a deficient justification for the override of a statutory stay
  • illegitimate for agency to justify override by claiming that the new contract is better than the old one
  • “The allegation that the new contract is better than the old one in terms of cost or performance is not enough to justify a best interests determination.”
  • “Nor does the override determination compare the perceived disadvantages of recognizing the stay to the potential disadvantages that might result if [the plaintiff] prevails in its protest.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tucker

Read full opinion on CourtListener

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