Willman v. Friedman

Citations

• 4 Idaho 209
• 38 P. 937
• 1894 Ida. LEXIS 49

Syllabus

<p>Attachment — Cross-complaint.—Plaintiff sued out writ of attachment at time of filing bis complaint, which writ was on motion of defendant dissolved, as having been wrongfully issued. Defendant then answered original complaint, and at same time filed cross-complaint setting up claim for damages by reason of the wrongful issuance of the writ of attachment. Held, that damages arising from the wrongful issuance of the attachment were proper matter for cross-complaint.</p> <p>Appearance. — A party who has appeared generally by demurrer cannot afterward raise the question of a want of service.</p> <p>(Syllabus by the court.)</p>