Clark v. Fredericks

ERROR to the Supreme Court of the Territory of Montana.

Davis, having obtained a judgment against Wellington A. Fredericks, sued out a writ of attachment, by way of execution, which Clark, the sheriff of Gallatin County, Montana Territory, levied upon some personal chattels alleged to belong to the judgment debtor, but which his wife claimed were her separate property. This suit was, therefore, brought in the District Court of that county, by her, against Clark and Davis, to recover possession of the chattels, or their value in case the delivery of them could not be had.

There was a judgment for the plaintiff, which was, on appeal, affirmed by the Supreme Court of the Territory. Clark and Davis sued out this writ. The assignment of errors is set out in the opinion of the court.

Mr. Richard T. Merrick and Mr. Martin F. Morris for the plaintiffs in error.

Mr. Samuel Shellabarger and Mr. Jeremiah M. Wilson for the defendants in error.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.