Pratt v. Pratt
Wisconsin Supreme Court
ERROR to the Circuit Court for Saule Comity. This suit was instituted in the court below by attachment. The affidavit upon which the writ issued, after setting out the indebtedness of tbe defendants, alleged that they were about fraudulently to remove and convey their property to defraud their creditors, and particularly the plaintiff; that the affiant had been informed by the intimate acquaintances of two of the defendants, and believed that they had said that they would…
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ERROR to the Circuit Court for Saule Comity. This suit was instituted in the court below by attachment. The affidavit upon which the writ issued, after setting out the indebtedness of tbe defendants, alleged that they were about fraudulently to remove and convey their property to defraud their creditors, and particularly the plaintiff; that the affiant had been informed by the intimate acquaintances of two of the defendants, and believed that they had said that they would remove and convey their property beyond the plaintiff’s reach, and that they had intended to remove it beyond Ms reach…
1Opinion of the CourtHubbell, J.
This is the common case of a writ of attachment, under the late statute of this state, issued on affidavit.
In the court below the writ was ' quashed, on motion, for insufficiency of the affidavit.
The question on error here is the’ same as there, to wit, how far it was necessary for the affiant to show, by facts and circumstances, that the defendants were all about fraudulently to remove or convey then property, so as to hinder and delay then creditors. There are three defendants. The affiant, after swearing to the indebtedness, states positively that the defendants (naming them all) “ are…
2Cases cited1 opinion
- Bank of the North West v. TaylorWisconsin Supreme Court · 1863
3Cited by4 opinions
- Davidson v. HackettWisconsin Supreme Court · 1880
- Evans v. VirginWisconsin Supreme Court · 1887
- Lederer v. RosenthalWisconsin Supreme Court · 1898
- Opinion No. Oag 16-80, (1980), Wisconsin Attorney General Reports1980