Legal Opinion

White v. Leszynsky

California Supreme Court

Decided July 1, 1859PublishedCited by 3 opinions

Appeal from the Fourth District. On the trial of the plea in abatement, after plaintiff had proved the facts set forth in the opinion, and rested, defendant moved to strike out all the evidence as insufficient to sustain the issue. The Court overruled the motion, defendant accepted.

1Opinion of the CourtBaldwin, J.

The plaintiff after suit brought on promissory notes, sued out an attachment against the defendant, under the Statute of 1858, (Pamphlet Acts, 152,) alleging as the ground of this process that the defendant was about fraudulently to convey his property, with intent to hinder, delay, or defraud, his creditors. The defendant denied these allegations according to the 4th Section of that Act, and put in “ issue the truth of "the facts alleged in the affidavit.” Upon this issue a jury was impanneled who found for the plaintiff. From this finding and the judgment, the plaintiff appeals. The error…

2Cited by3 opinions

  1. Gale v. FrazierSupreme Court Of The Territory Of Dakota · 1886
  2. Rockwell v. CoffeySupreme Court of Colorado · 1894
  3. Hanks v. AndrewsSupreme Court of Arkansas · 1890

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