Germam Bank v. Folds
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. J. W. Jones, Judge. Attachment. From an order dissolving the warrant, plaintiff appeals. The facts are stated in the opinion. The traversing affidavits of respondents placed the burden of proof on appellant, and as it produced no evidence to sustain the allegation, the attachment was rightly dissolved. Wyman v. Wilmarth, 1 S. D. 172; 46 N. W. 190; Wilcox v. Smith, 4 S. D. 125; 55 N. W. 1105.
1Opinion of the CourtHaney, J.
Plaintiff appeals from an order discharging an attachment issued in an action upon a past-due debt. It was based upon an affidavit stating the following grounds: That the defendants have assigned, disposed of, and secreted, or are about to assign, dispose of, and secrete, their property, with the intent to defraud their creditors; and that the debt was incurred for property obtained under false pretenses; and, further, are about to remove their property with the intent and to the effect of cheating and defrauding their creditors, and hindering and delaying them in the collection of their…
2Cases cited2 opinions
- Trebilcock v. Big Missouri Mining Co.South Dakota Supreme Court · 1896
- Finch v. ArmstrongSouth Dakota Supreme Court · 1896
3Cited by2 opinions
- Catlett v. EhrlerSouth Dakota Supreme Court · 1916
- German Bank v. FoldsSouth Dakota Supreme Court · 1897