Excelsior Fork Co. v. Lukens

The appellant sued the appellee upon an account. She also instituted proceedings in attachment against the defendant, on an affidavit stating the nature, amount, and justice of the claim, and that the defendant had sold, conveyed, or otherwise disposed of his property subject to execution, with the fraudulent intent to cheat, hinder, and delay his creditors. Issues were formed on the cause of action, and a denial, without oath, filed of the facts stated in the affidavit for attachment. The plaintiff moved to strike out the answer denying the affidavit in attachment; but the motion was…