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J. I. CASE COMPANY v. McDONALD

No. 8112.

280 P.2d 1070 (1955)

J. I. CASE COMPANY, a corporation, Plaintiff-Respondent, v. Charles F. McDONALD, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied March 28, 1955.

Attorney(s) appearing for the Case

S. T. Lowe and Kales E. Lowe, Thomas H. Church, Burley, for appellant.

Richards, Haga & Eberle, Boise, for respondent.

TAYLOR, Chief Justice.

On February 14, 1953, the plaintiff (respondent) filed an action against the defendant (appellant) for a balance alleged to be due upon an account for merchandise. At the same time it procured the issuance of a writ of attachment upon an affidavit alleging "that the security originally securing payment of such indebtedness has * * * become valueless", and that the same is not now secured. April 10, 1953, the defendant moved the court to dissolve...

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