39 P. 1117 | Idaho | 1895
This is an appeal from an order of the judge of the second district, made at chambers, dissolving an attachment. On the fourth day of October, 1894, the plaintiffs commenced suit against the defendant, in the district court for Latah county, and caused an attachment to be issued, which was levied upon certain real estate of defendant in said county. On the 24th of October, 1894, defendant served upon plaintiffs’ attorneys á notice of .motion to dissolve the attachment, which motion was noticed to be heard before the judge of said district at chambers, on the twenty-ninth day of October, 1894. Said motion was heard by the judge of said district, at chambers, on the twenty-ninth day of October, 1894, and an order made and entered on that day dissolving the attachment. The hearing was had upon affidavit, solely, and the order dissolving the attachment was dated October 1st. Why this impossible date was'affixed to the order is not apparent. The only ground upon which a court or judge is authorized to discharge • an attachment, under the statutes of Idaho, is that the writ has been “improperly or irregularly issued.” (Idaho Eev. Stats., sec. 4321.) It does not appear that the writ in this case was either “improperly or irregularly issued,” the sole contention being that the property upon which the writ was levied was exempt from levy. We have carefully examined every case cited by respondent, and find none of them in