Meinhard, Bros. v. Lilienthal

The Chief Justice

delivered the opinion of the court.

This was an action of assumpsit commenced by attachment. Defendant traversed the grounds stated in the affidavit upon which the writ issued, and upon trial of this issue, a verdict and judgment were had against the, plaintiffs, from which they appealed.

On April 33, 1879, plaintiffs, by their attorney, filed an affidavit alleging the indebtedness of defendant, actually due, upon contract, and that the affiant “has reason to believe that said Lilienthal will fraudulently part with his property before judgment can be recovered against him.”

The…