Deseret National Bank v. Little, Roundy & Co.
Utah Supreme Court
Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by the Deseret National Bank against Little, Roundy & Co on certain promissory notes. At the time of entering complaint an attachment issued, and from an order refusing to dissolve the attachment, defendant appeals.
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Appeal from the district court of the Third judicial district, Territory of Utah. Hon. S. A. Merritt, Judge. Action by the Deseret National Bank against Little, Roundy & Co on certain promissory notes. At the time of entering complaint an attachment issued, and from an order refusing to dissolve the attachment, defendant appeals. The affidavit set up the statutory ground for attachment by the statement that defendant “has assigned and disposed of, and is about to assign and dispose of, its property with intent to defraud its creditors.” The fraudulent intent was denied by an affidavit of…
1Opinion of the Court
Bartch, J.:
This action was brought November 13, 1895, to obtain judgment for an indebtedness evidenced by certain promissory notes, aggregating $21,500. At the time of bringing the suit, attachment proceedings were also instituted, and a certain stock of merchandise, belonging to the defendant corporation, was attached and taken into possession by the United States marshal on the following day. Two days thereafter said defendant corporation made a motion to dissolve the attachment, which was denied, and this appeal is from the order denying the motion.
The first contention is that the…
2Cases cited7 opinions
- Jones v. McQueenUtah Supreme Court · 1896
- McCord & Nave Mercantile Co. v. GlennUtah Supreme Court · 1889
- Nelson v. Adolph MunchSupreme Court of Minnesota · 1876
- Dawley v. SherwinSouth Dakota Supreme Court · 1894
- Salmon v. MillsCourt of Appeals for the Eighth Circuit · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Western Auto Co. v. GurneaUtah Supreme Court · 1929
- Johnson v. EmeryUtah Supreme Court · 1906
- Peoples State Bank v. KarlenSouth Dakota Supreme Court · 1921
- Bank of Ephraim v. DavisUtah Supreme Court · 1978
- Bank of Ephraim v. DavisUtah Supreme Court · 1978