Trebilcock v. Big Missouri Mining Co.
South Dakota Supreme Court
Appeal from circuit court, Lawrence county. Hon A.- J. Plowman, Judge. Action by Richard Trebilcock against the Big Missouri Mining Company, a corporation'. Motion to dissolve an attachment was denied, and defendant appeals. The facts are stated in the opinion. The question of fraudulent intent is one of fact and not of law, the presumption of law being that the defendant is innocent until it is shown that it is guilty. §§ 3509, 4659 and 3298, Comp.
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Appeal from circuit court, Lawrence county. Hon A.- J. Plowman, Judge. Action by Richard Trebilcock against the Big Missouri Mining Company, a corporation'. Motion to dissolve an attachment was denied, and defendant appeals. The facts are stated in the opinion. The question of fraudulent intent is one of fact and not of law, the presumption of law being that the defendant is innocent until it is shown that it is guilty. §§ 3509, 4659 and 3298, Comp. Laws; Gaines v. White, 1 S. B. 434; Waples on Attachment 57; 1 Am. & Eng. Encyc. of Law 900; Harris & Co. v. Capell, 28 Kan. 117; McPike v.…
1Opinion of the CourtCorson, P. J.
This is an appeal from an order overruling a motion to dissolve an attachment. The warrant of attachment was issued upon an affidavit stating that the defendant had assigned, disposed of, and secreted its property with intent to defraud its creditors, and was about to assign, dispose of, and secrete its property with like intent. The motion was made to dissolve the attachment on the ground that it was improvidently issued. The defendant, with its notice of motion to dissolve the attachment, served an affidavit of its managing agent denying the charges of the plaintiff in its original…
2Cases cited15 opinions
- Brouwer v. . HarbeckNew York Court of Appeals · 1854
- Buchanan v. SmithSupreme Court of the United States · 1873
- Adams & Westlake Co. v. DeyetteSouth Dakota Supreme Court · 1895
- McPike v. AtwellSupreme Court of Kansas · 1885
- Wyman v. WilmarthSouth Dakota Supreme Court · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gamble-Robinson Minot Co. v. MauratisNorth Dakota Supreme Court · 1927
- First Nat. Bank v. McMillanSouth Dakota Supreme Court · 1896
- Guaranty State Bank v. VarlandSouth Dakota Supreme Court · 1926
- Park v. ArmstrongSouth Dakota Supreme Court · 1896
- Germam Bank v. FoldsSouth Dakota Supreme Court · 1896
6 more not listed; retrieve them via the Exa API.