Schwabacker v. Rush

This action was commenced in attachment, and was tried by the court without the intervention of a jury. There having been personal service upon defendants, judgment was rendered against them for the amount of the note which was the basis of the action, but the court found the issues on the plea in abatement to the attachment writ, for defendants, and quashed the writ. That decision is assigned for error.

The allegation in the attachment affidavit is, defendants, within two years preceding the filing of the affidavit, had fraudulently conveyed and assigned their property and effects, or a part…