Piper v. Wade
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County; Hon. Alva E. Taylor, Judge. Action by J. R. Piper against Charles H. Wade and wife. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtMcCOY, J.
A warrant of attachment was issued in this action upon an affidavit of plaintiff stating “that the defendants are about to leave the state of South Dakota, and are about to remove all their property from the state of South Dakota with intent of defrauding their creditors, particularly this plaintiff.” Upon affidavits traversing and denying the said affidavit of plaintiff, defendants moved the court to discharge the said attachment. The defendants each positively denied that they ever intended to remove from the state, or intended to remove their property from the state with intent to defraud…
2Cited by2 opinions
- Fulwider v. BendaSouth Dakota Supreme Court · 1934
- Catlett v. EhrlerSouth Dakota Supreme Court · 1916