Collier v. Wertheimer-Schwartz Shoe Co.
Supreme Court of Alabama
Appeal from the Chancery Court of Pike. Heard before the Hon. Jure N. Williams. The bill in this case ivas filed by the appellee, the Werth eimer-Swartz Shoe Company, a creditor of M. F. McBryde, against J. M. Collierand prayed to have set aside and vacated as fraudulent and void an attachment sued out by the appellant, J. M. Collier, against tlie said McBryde. Tlie material averments of the hill .are sufficiently stated in the opinion.
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Appeal from the Chancery Court of Pike. Heard before the Hon. Jure N. Williams. The bill in this case ivas filed by the appellee, the Werth eimer-Swartz Shoe Company, a creditor of M. F. McBryde, against J. M. Collierand prayed to have set aside and vacated as fraudulent and void an attachment sued out by the appellant, J. M. Collier, against tlie said McBryde. Tlie material averments of the hill .are sufficiently stated in the opinion. To this bill the defendant demurred upon the following grounds: 1st. That said bill of complaint fails to set forth facts constituting the alleged fraud with…
1Opinion of the CourtHaralson, J.
— 1. The bill in this case avers that the attachment Avas sued out by plaintiff against the defendant in attachment on the statutory ground that the defendant, “McBryde, has moneys, property or effects liable to satisfy his debts, which he fraudulently with*322holds; * * * that said ground of attachment did not exist; that the plaintiff knew that there was no probable cause for the issuance of said attachment upon said ground, or on any other ground, or under the statute.” It further avers, that the defendant was insolvent, and that the plaintiff and defendant in attachment knowing that there was…
2Cases cited4 opinions
- Cartwright v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1890
- Comer v. HeidelbachSupreme Court of Alabama · 1895
- Planters & Merchants Bank v. Laucheimer & SonsSupreme Court of Alabama · 1893
- Rice, Stix & Co. v. LessSupreme Court of Alabama · 1894
3Cited by2 opinions
- Builders & Painters Supply Co. v. First National BankSupreme Court of Alabama · 1898
- Stevens v. FeederSupreme Court of Alabama · 1900