Legal Opinion

Larson v. Soller

Supreme Court of Minnesota

Decided April 23, 1926No. 25,364PublishedCited by 1 opinion

1Opinion of the CourtBibell, J.

On July 15, 1925, a writ of attachment was issued upon the ground that the defendant was about to dispose of her property with intent to delay her creditors. On July 29, 1925, a motion to vacate the writ was made returnable August 25, 1925. On November 30, 1925, the motion was denied. The defendant appeals.

Upon the traverse by defendant of the affidavit for attachment the burden was on the plaintiff to prove its truth. Burkhard v. Barnes, supra, page 23, and cases cited, and Dun. Dig. and Supp. §§ 653, 657, and cases cited. Upon conflicting evidence the issue is for the trial court. Dun. Dig.…

2Cases cited4 opinions

  1. Crookston State Bank v. LeeSupreme Court of Minnesota · 1913
  2. National Citizens Bank v. McKinleySupreme Court of Minnesota · 1915
  3. Jones v. SwankSupreme Court of Minnesota · 1892
  4. Van Dam v. BakerSupreme Court of Minnesota · 1925

3Cited by1 opinion

  1. Dannheim Development, Inc. v. MoglerCourt of Appeals of Minnesota · 1987

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