39 P. 550 | Idaho | 1895
These eases, resting, as they do, upon similar facts, and involving the application of the same principles of law, were heard together, and will be so considered by the court. The appeal is from orders of the district court denying applications for the discharge of certain writs of attachment sued out by the plaintiffs and levied upon property of defendant. The record contains the papers upon which the motions were made, consisting of the affidavits for attachment and the undertakings in each case, the motions, and the order of the court thereon. We will consider the questions raised by the record in the order in which they were presented upon the hearing.
Appellant objects to the affidavit for attachment in the case of Standard Oil Co. v. Alturas Commercial Co. upon the ground
Objection is made by appellant to the undertakings filed in both of the cases under consideration. In the ease of Simmons Hardware Co. v. Alturas Commercial Co. the original undertaking closes with these words: “The plaintiff will pay all costs that may be awarded to the defendant, and all damages that he may sustain by reason of attachment under execution, in the sum of $4,000.” It is palpable that the words “under execu
The objection of appellant that the filing of the second undertaking was unauthorized is not tenable. We have found no authorities in support of this contention, while, aside from the plain and unequivocal provision of our own statutes, all the authorities we have been able to consult upon the question are against the contention of appellant. Our conclusions cover the objections raised by appellant to the undertaking in the case of Standard Oil Co. v. Alturas Commercial Co. The orders of the district court in both cases are affirmed, with costs.