Kegel v. Schrenkheisen

The suit in the court below was begun by attachment. The affidavit for attachment was made by an agent for the plaintiffs, who made oath that “he is informed and believes to be true, and charges the same to be true, that the defendant Julius Kegel has assigned, disposed of or concealed, or is about to assign, dispose of or conceal his property, with intent to defraud his creditors.”

This affidavit is fatally defective because in the alternative. It should show the existence of either one cause or the other; which this affidavit does not. It is in another particular not in compliance with the…