Jones v. Swank
Supreme Court of Minnesota
Appeal by defendant, David Swank, from an order of the District Court of Wadena County, Holland, J., made November 19, 1891, discharging an order to show cause why a writ of attachment should not be vacated. In the years 1890 and 1891, David Swank, the defendant, was engaged under contract with the Wadena and Park Eapids Eailroad Company in grading its roadbed in Wadena and Hubbard Counties.
Read the full summary
Appeal by defendant, David Swank, from an order of the District Court of Wadena County, Holland, J., made November 19, 1891, discharging an order to show cause why a writ of attachment should not be vacated. In the years 1890 and 1891, David Swank, the defendant, was engaged under contract with the Wadena and Park Eapids Eailroad Company in grading its roadbed in Wadena and Hubbard Counties. During this work, the plaintiffs, David E. Jones and William E. Baumback, partners as D. E. Jones & Co., doing a general retail business at Menagha, in Wadena County, furnished defendant supplies. This…
1Opinion of the CourtMitchell, J.
The ground of attachment stated in plaintiffs’ affidavit upon which the writ was issued was “that defendant is about to assign, secrete, and dispose of his property, with intent to delay and defraud his creditors.” The affidavit also specified three kinds of property, which plaintiffs alleged the defendant was thus about to dispose of, to wit, a lot of horses, $5,000 in money, and certain real estate in St. Paul, “standing in the name of his wife.”
Upon the motion to vacate the writ as improvidently issued, the defendant, by affidavit, not only fully traversed the facts alleged in plaintiffs’…
2Cited by7 opinions
- Jandera v. Lakefield Farmers UnionSupreme Court of Minnesota · 1921
- Schoeneman v. SowleSupreme Court of Minnesota · 1907
- Tereau v. MadisonSupreme Court of Minnesota · 1917
- Clarke & Simmons, Inc. v. RuleSupreme Court of Minnesota · 1921
- Daniels v. SolomonCourt of Appeals for the D.C. Circuit · 1897
2 more not listed; retrieve them via the Exa API.