Finney v. Moore

Citations

• 9 Idaho 284
• 74 P. 866
• 1903 Ida. LEXIS 35

Syllabus

<p>Usurv — Judgment—Interest—Attachment.</p> <p>1. A judgment entered on a usurious contract, under the provisions of section 1266, Revised Statutes, legally draws interest at the rate of seven per cent per annum from the date of the rendition of such judgment.</p> <p>2. The fact that the plaintiff fails to recover judgment for the full amount stated by him to be due in his affidavit for an attachment is not such a false statement in the affidavit as to authorize the discharge of the attachment under the rule laid down in Murphy v. Montandon, 3 Idaho, 325, 35 Am. St. Rep. 279, 29 Pac. 851, or at all.</p> <p>3. The undertaking in attachment in this case (a copy of which is set forth in the opinion), held, sufficient under an act entitled “An act to provide a form of undertakings in civil and criminal actions, ” 'approved Pebruary 14, 1895, Session Laws of 1895, page 18.</p> <p>(Syllabus by the court.)</p>