Murphy v. Montandon

Citations

• 3 Idaho 325
• 35 Am. St. Rep. 279
• 29 P. 851
• 1892 Ida. LEXIS 2

Syllabus

<p>Affidavit for Attachment — Jurisdiction to Issue Attachment.— 1. If an affidavit for an attachment is defective in not stating all the statute requires, or if it is false, the court has no jurisdiction to issue the attachment.</p> <p>False or Defective Affidavit. — 2. If issued upon such false or defective affidavit, the obligors on the bond given to procure the release of the attachment may, under proper pleadings, prove such fact in defense of a suit on the bond.</p> <p>Affidavit as Evidence. — 3. In such suit the affidavit in the original cause may be introduced in evidence for the purpose of showing that it was defective or false.</p> <p>(Syllabus by the court.)</p>