Quarles

Quarles v. Citizens' Nat. Bank of Salmon

Good Law
31 F.2d 40·1929 U.S. App. LEXIS 3384
United States Court of Appeals for the Ninth CircuitMarch 4, 1929No. 5624California1,207 words

Opinion

Lead Opinion

Dietrich, J.

The controversy herein is over the title to a certain warehouse at Salmon City, Idaho. The structure is 48x80 feet, exclusive of a platform 8x48 feet, and is located upon a site leased from the Gilmore & Pittsburgh Railway Company. On April 15,1922, the appellee bank commenced an action against'the appellants’ father, G. B. Quarles, then the owner, to recover on a promissory note for $4,556.99, and, pursuant to the state statutes, two days later caused to be issued a writ of attachment, with instructions to the sheriff of the county to levy upon the defendant’s property. By section 6784 of the Compiled Statutes of Idaho of 1919 it is provided that “personal property capable of manual delivery must be attached by taking it into, custody,” and that “debts and credits and other personal property not capable of manual delivery must be attached by leaving with the person owing such debts, or having in his possession or under his control such credits or other personal property, or with his agent, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits or other personal property in his possession or under his control, belonging to the defendants are…

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