Bird v. Dawkins

STATEMENT OF THE CASE

REYNOLDS, J.

This is a suit to recover judgment on a promissory note and an open account, coupled with a writ of attachment based on the ground that the defendant had disposed of, or was about to dispose of, his property, or some part thereof, with intent to defraud his creditors.

Defendant moved to dissolve the attachment on the ground that the affidavit on which it. was based was untrue. The motion was tried and sustained with $25.00 damages. On trial of the merits there was *245judgment in favor of the plaintiff for the amount sued for.

The plaintiff has appealed from the…