Murphy v. Purdy
Supreme Court of Minnesota
Tlie plaintiff in this case appeals from an order of the District Court for Winona county, vacating a writ of attachment issued in the action, on the ground that the affidavit upon which it was granted and issued was insufficient. The material portion of the affidavit appears in the opinion of the Court.
1Opinion of the CourtMcMillan, J.
By the GouH This is an appeal from an order vacating an attachment, on the ground of the insufficiency of the affidavit.
The affidavit upon which the attachment was allowed stated as the ground for the attachment, “ that the defendant, as deponent verily believes,' is about to assign, secrete or dispose of his property, with intent to delay and defraud his creditors.” The statute in force at the time, regulating the allowance of writs of attachment, so far as applicable to ■ this case, is in the following language:
“ The writ of attachment shall be allowed whenever the plaintiff, his agent or…
2Cited by1 opinion
- Ely v. TitusSupreme Court of Minnesota · 1869