Lehman v. Berdin
U.S. Circuit Court for the District of Eastern Arkansas
The plaintiffs brought suit against the defendant on a promissory note, and sued out an attachment on the alleged grounds that the defendant had sold, and was about to sell, his property, with the fraudulent intent to cheat his creditors.
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The plaintiffs brought suit against the defendant on a promissory note, and sued out an attachment on the alleged grounds that the defendant had sold, and was about to sell, his property, with the fraudulent intent to cheat his creditors. The marshal levied the writ on certain property of the defendant, who thereupon caused a bond to be executed to the plaintiffs, conditioned as required by section 416, Gantt’s Dig., which section reads as follows: “If the defendant, at any time before judgment, causes a bond to be executed to the plaintiff by one or more sufficient sureties, to be approved…
1Opinion of the Court
CALDWELL, District Judge.
The reasons assigned in support of the plaintiff’s motion to strike from the files the defendant’s traverse of the grounds of attachment are, that the execution by the latter of the bond under section 416, Gantt’s Dig., operates (1) to discharge the attachment: (2) estops the defendant from contesting the validity of the attachment on any grounds, or for any purpose; and (3) renders the obligors in the bond liable absolutely for the amount of any judgment the plaintiffs may recover in the action, without reference to the question whether the attachment was rightfully…
2Cases cited14 opinions
- Homan v. BrinckerhoffCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cadwell v. ColgateNew York Supreme Court · 1849
- Gass v. WilliamsIndiana Supreme Court · 1874
- Kennedy v. MorrisonTexas Supreme Court · 1868
- Dierolf v. WinterfieldWisconsin Supreme Court · 1869
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3Cited by3 opinions
- Moffitt v. GarrettSupreme Court of Oklahoma · 1909
- Fox v. MackenzieNorth Dakota Supreme Court · 1890
- Bates v. DaysDistrict Court, W.D. Missouri · 1882