Hanks v. Andrews
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. M. T. Sanders, Judge. Appeal from a judgment of the circuit court sustaining an attachment. The court found the facts as stated in the opinion and held that they justified the inference of fraud. 1. The proof did not warrant the court in sustaining the attachment. The burden was on plaintiffs to establish by a preponderance of'testimony the truth of some of the grounds of attachment sworn to by thei£ agent, Hunt. Mansf.
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APPEAL from Phillips Circuit Court. M. T. Sanders, Judge. Appeal from a judgment of the circuit court sustaining an attachment. The court found the facts as stated in the opinion and held that they justified the inference of fraud. 1. The proof did not warrant the court in sustaining the attachment. The burden was on plaintiffs to establish by a preponderance of'testimony the truth of some of the grounds of attachment sworn to by thei£ agent, Hunt. Mansf. Dig., sec. 381. The issue presented was an interlocutory trial before the judge. 34 Ark., 707. Attachments are in derogation of common…
1Opinion of the CourtCockrill, C. J.
Attachment ?jg ofUfacts.find' The question in this case is not what inferences we might be most inclined to draw from the testimony on a trial of the issue of fact; but taking the finding of the trial court as conclusive as far as the evidence warrants, and deducing from the facts disclosed the strongest inference of fraud which their legal tendency will bear, do they sustain the court’s finding?
Fraud— ^Op¿^ose o£ In that aspect, the case stands thus: A merchant who, according to his representations to the attaching creditor, was doing a prosperous business upon assets three times greater…
2Cases cited2 opinions
- Nat. Park Bk. of N.Y. v. . WhitmoreNew York Court of Appeals · 1887
- White v. LeszynskyCalifornia Supreme Court · 1859
3Cited by5 opinions
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- Ward v. Nu-Wa Laundry Cleaners, Inc.Supreme Court of Arkansas · 1943
- Farris v. GrossSupreme Court of Arkansas · 1905
- Lawler v. HerrenAppellate Court of Illinois · 1918
- Ravenna Nat. Bank v. LatimerCuyahoga Circuit Court · 1906