Wilcox v. Smith
South Dakota Supreme Court
Appeal from circuit court, Sully county. Hon. H. G. Fuller, Judge. Motion to dismiss an attachment. Motion allowed. Plaintiff appeals. The facts are stated in the opinion.
1Opinion of the CourtKellam, J.
An attachment was issued in this action upon an affidavit of plaintiff, alleging the indebtedness of defendants; that the same was incurred ‘ ‘for money obtained under false pretenses, and that said defendants are about to assign, dispose of, and secrete their property, with the intent to defraud their creditors; and that plaintiff has demanded of defendants security for said debt, but defendants have refused to secure the same.” Defendants moved to discharge the attachment on two grounds: (1) Upon the insufficiency of the affidavit, in its statement of the indebtedness, and of the false…
2Cases cited1 opinion
- Wyman v. WilmarthSouth Dakota Supreme Court · 1890
3Cited by5 opinions
- Birken v. HickeySouth Dakota Supreme Court · 1920
- Trebilcock v. Big Missouri Mining Co.South Dakota Supreme Court · 1896
- Dunn v. Claunch, Gilliland and DodsonSupreme Court of Oklahoma · 1904
- Guaranty State Bank v. VarlandSouth Dakota Supreme Court · 1926
- Jones v. MeyerSouth Dakota Supreme Court · 1895