Howard v. Grimes Pass Placer Mining Co.

Citations

• 21 Idaho 12
• 120 P. 170

Syllabus

<p>Attachment — Pro-rating Among Creditors.</p> <p>(Syllabus by the court.)</p> <p>1. Under the terms of sec. 4304 of the Rev. Codes, which provides for pro-rating the proceeds of attached property among all creditors who “commence and prosecute to final judgment” their actions “within sixty days after the first posting and publication” of the notice of such attachment, no creditor will be entitled to pro-rate in the proceeds of such attached property unless he has procured his judgment within the sixty-day period prescribed by the statute.</p> <p>2. Held, that under the provisions of see. 4304 of the Rev. Codes, a creditor in order to be entitled to pro-rate in the proceeds of attached property must both commence his action within the sixty-day period and prosecute the same to final judgment within the sixty-day period.</p>