Farmers' & Merchants' State Bank of Hecla v. Michael
South Dakota Supreme Court
Appeal from Circuit Court, Marshall County. ' Hon. Thomas L,. Boucic, Judge. Action by Farmers’’ & Merchants’ State Bank of Hecla against J. L. Michael. From an order denying defendant’s motion to dissolve attachment, he appeals. Appellant eked: Sioux Falls Brewing- & Malting Co', v. Wood 105 N. W. 1134 (S. D.) : Jones v. Hoefs et al 103 N. W. 751 (N. D.)
1Opinion of the CourtSmith, J.
Appeal from an order denying defendant’s motion to dissolve an attachment. The writ was issued upon an affidavit alleging:
“That the above-named defendant has assigned and disposed of property, and is1 about to assign, dispose of, and secrete his property, with intent bo* defraud creditors.”
The motion to dissolve was on the ground: First, that the affidavit does not state facts sufficient upon which to base the warrant of attachment; second, that the defendant -has not assigned nor disposed of any of his property with intent to defraud' his creditors, and that he is- not about to assign or…
2Cases cited1 opinion
- Catlett v. EhrlerSouth Dakota Supreme Court · 1916
3Cited by2 opinions
- Guaranty State Bank v. VarlandSouth Dakota Supreme Court · 1926
- First National Bank of Hecla v. MichaelSouth Dakota Supreme Court · 1916