Schall v. Bly

The circuit court quashed an order of the circuit court commissioner dissolving an attachment sued out by Bly against Schall’s property. The ground on which the writ was obtained was that they were about to dispose of their property with intent to defraud their creditors, and the property levied on consisted of land and growing wheat.

The commissioner, in entertaining the proceedings, acted within his jurisdiction. The sufficiency of the application has not been questioned. There were later levies by other parties on the land, and the point is made that this cut off the debtor’s right to…