Rauschbach v. Duval Food Products Co.

I conclude that the writ of attachment must be quashed. The principal argument for the defendants rested on the general proposition that the language of the affidavit was insufficient to prove a prima facie case of attempt to remove property out of the jurisdiction for the purpose of *901defrauding creditors. This is undoubtedly the gravamen of the affidavit and I take it that the attempt of the plaintiff was to bring the case within clause three of the first section of the Attachment act of 1901, the language of which is “(3) where the court or a judge thereof, or a Supreme Court commissioner…