Lockard & Co. v. Eaton

Opinion by

Greene, J.

This was a proceeding under the Code by attachment. A motion in the court below to quash the attachment was sustained. The petition for attachment is duly sworn to, and avers “as plaintiffs then *544verily believed the said defendant is in some manner about to dispose of Ms property, without leaving sufficient remaining to pay his debts.” The court decided that these allegations are not sufficient to> justify an attachment, and this decision is claimed to be erroneous.

The Code, § 1848, provides that, “the petition which asks an attachment, must state that as the affiant verily…