Mason, Ehrman & Co. v. Lieuallen

Citations

• 4 Idaho 415
• 39 P. 1117
• 1895 Ida. LEXIS 29

Syllabus

<p>Writ of Attachment — How Discharged. — Under the laws of Idaho-the only grounds upon which an attachment can be discharged are that it was improperly or irregularly issued.</p> <p>Same — Sufficiency of Affidavits to Discharge. — Where the affidavits in support of a motion to discharge an attachment only go-to the question as to whether the property levied upon is a homestead or not, they are insufficient to authorize the judge at chambers to dissolve the attachment.</p> <p>Homestead cannot be Determined in such Proceeding.- — It is not competent or proper practice to determine the homestead character-of property in such a proceeding.</p> <p>(Syllabus by the court.)</p>