Potter v. Graham
Superior Court of Pennsylvania
Appeal, No. 121, April T., 1898, by defendant, from judgment of C. P. Greene Co., June T., 1897, No. 40, discharging rule to show cause why the attachment should not be dissolved.
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Appeal, No. 121, April T., 1898, by defendant, from judgment of C. P. Greene Co., June T., 1897, No. 40, discharging rule to show cause why the attachment should not be dissolved. Attachment in assumpsit under the act of 1869. Before Crawford, P. J. It appears from the record that the plaintiff filed a praecipe for an attachment in assumpsit under the act of’ March 17, 1869, and its supplements, and also an affidavit setting forth a claim of §500, and averring that the “ defendant has removed a part and is about to remove the remainder of his property out of the jurisdiction of the court of…
1Opinion of the Court
Opinion by
Smith, J.,
This proceeding was commenced under the act of 1869 relative to fraudulent debtors. The merits of the plaintiff’s claim were conceded, while grounds for the attachment were abundantly shown on the motion to dissolve. The fraudulent design *203of the defendant was manifest throughout. On this subject the court below, in refusing to dissolve the attachment said: “ Without going further into the evidence as to his conduct both preceding the issuing of these attachments and subsequent thereto, it is sufficient to observe that his attitude toward these creditors both before and…