McPike v. Atwell
Supreme Court of Kansas
Error from Osage District Court. This action wás brought in the district court of Osage county, on August 1,1884, by William C. McPike and J. C. Fox, partners as McPike & Fox, against E. D. Atwell, to recover the sum of $428.88 for goods sold and delivered. On the same day an affidavit and bond for attachment against the property of the defendant was filed by the plaintiffs.
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Error from Osage District Court. This action wás brought in the district court of Osage county, on August 1,1884, by William C. McPike and J. C. Fox, partners as McPike & Fox, against E. D. Atwell, to recover the sum of $428.88 for goods sold and delivered. On the same day an affidavit and bond for attachment against the property of the defendant was filed by the plaintiffs. Among the grounds for attachment alleged in the affidavit was “that the defendant had assigned, removed and disposed of his property, or a part thereof, with intent to defraud, hinder and delay his creditors.” The writ of…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
i. Attachment, charged^ proof.
*148 2. Assignment; evidence n°t attachment.
3 Braua when not presumed. *147In the affidavit filed by plaintiffs for the purpose of obtaining an order of attachment, several grounds were stated, but in the trial of the motion to dissolve the attachment the only one apparently relied upon was that the defendant “ had assigned, removed and disposed of his property, or a part thereof, with the intent to defraud, hinder and delay his creditors.” When the defendant moved to discharge the attachment, he filed a counter…
2Cases cited3 opinions
- Tootle, Hosea & Co. v. ColdwellSupreme Court of Kansas · 1883
- German Insurance Bank v. NunesCourt of Appeals of Kentucky · 1882
- John Harris & Co. v. CapellSupreme Court of Kansas · 1882
3Cited by10 opinions
- Trebilcock v. Big Missouri Mining Co.South Dakota Supreme Court · 1896
- Williams v. the Farmer's Gin and Grain Co.Supreme Court of Oklahoma · 1903
- Wichita Wholesale Grocery Co. v. RecordsSupreme Court of Kansas · 1888
- Wm. W. Kendall Boot & Shoe Co. v. AugustSupreme Court of Kansas · 1893
- Becker v. LangfordSupreme Court of Kansas · 1888
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