Jones v. Meyer
South Dakota Supreme Court
Appeal from circuit court, Meade county. Hon. Chas. M. Thomas, Judge. Action in attachment. The attachment was dissolved, and plaintiff appeals. The facts are stated in the opinion. Good faith on the part of husband and wife must be shown where transactions are had between them to the prejudice of the husband’s creditors. Williams v. Harris, 54 N. W. 926; Hoxie v. Price, 31 Wis:86; Post y.
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Appeal from circuit court, Meade county. Hon. Chas. M. Thomas, Judge. Action in attachment. The attachment was dissolved, and plaintiff appeals. The facts are stated in the opinion. Good faith on the part of husband and wife must be shown where transactions are had between them to the prejudice of the husband’s creditors. Williams v. Harris, 54 N. W. 926; Hoxie v. Price, 31 Wis:86; Post y. Stiger, 29 N. J. 559; Lee v. Cole, 44 N. J. 328; Smith v. Tosini, 49 N. W. 299; Gettlemen v. Gietz, 47 N. W. 660; Bridgeman v. Christie, 25 Atl. 939. The grounds of attachment stated in plaintiff’s…
1Opinion of the CourtPuller, J.
This appeal is from an order dissolving an attachment issued in . an action to recover the amount due upon a promissory note for $2,542.70 and the affidavit of plaintiff upon which the writ issued states that the defendant “has assigned and disposed of his property with intent to defraud his creditors, and has secreted some of his property with like intent, and is about to secrete more of his property with like intent, and. that he is about to dispose of more of his property with like intent,” Prom the evidence of the numerous witnesses who testified on the hearing of the motion to discharge…
2Cases cited2 opinions
- Wyman v. WilmarthSouth Dakota Supreme Court · 1890
- Wilcox v. SmithSouth Dakota Supreme Court · 1893
3Cited by2 opinions
- Catlett v. EhrlerSouth Dakota Supreme Court · 1916
- Lindquist v. JohnsonSouth Dakota Supreme Court · 1900