Park v. Armstrong
South Dakota Supreme Court
Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action by H. A. Park and another against John Armstrong. Prom an order discharging an attachment, plaintiffs appeal. The facts are stated in the opinion. The traversing affidavit must deny the existence of every statutory ground for attachment alleged in the affidavit for attachment.
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Appeal from circuit court, Brookings county. Hon. J. O. Andrews, Judge. Action by H. A. Park and another against John Armstrong. Prom an order discharging an attachment, plaintiffs appeal. The facts are stated in the opinion. The traversing affidavit must deny the existence of every statutory ground for attachment alleged in the affidavit for attachment. Hornick Drug Co. v. Lane, 1 S. D. 129; McFarland v. Claypool, 128 111. 397; Walker v. Welch, 13 111. 674; 3 Ency. of PI. & Pr. 79. The unfiled chattel mortgage was, as to appellants, a conclusively fraudulent conveyance of respondent’s…
1Opinion of the CourtHaney, J.
Plaintiffs appeal from an order discharging an attachment issued upon an affidavit alleging, as grounds therefor, that “the defendant has assigned, disposed of, and secreted a large portion of his property with intent to defraud his creditors, and is about to assign, dispose of, and secrete the remainder of his property with like intent.” So far as it relates to the grounds of attachment, defendant’s affidavit whereon the motion to discharge was based is as follows: “Affiant denies that he nas assigned, disposed of, or secreted his. property, or any part thereof, with intent to defraud his…
2Cases cited3 opinions
- Trebilcock v. Big Missouri Mining Co.South Dakota Supreme Court · 1896
- Finch v. ArmstrongSouth Dakota Supreme Court · 1896
- First Nat. Bank v. McMillanSouth Dakota Supreme Court · 1896
3Cited by3 opinions
- Guaranty State Bank v. VarlandSouth Dakota Supreme Court · 1926
- Catlett v. EhrlerSouth Dakota Supreme Court · 1916
- Finch v. ArmstrongSouth Dakota Supreme Court · 1896