Foley-Wadsworth Implement Co. v. Porteous
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by attachment. From an order discharging an attachment, plaintiff appeals. The facts are stated in the opinion. A denial in the conjunctive is never sufficient as a traverse. Noyes v. Lane, 45 N. W. 328, 2 S. D. 55. As a defendant’s rights are adequately protected by a bond, the court should favor a continuancy, and not the dissolution of an attachment.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Action by attachment. From an order discharging an attachment, plaintiff appeals. The facts are stated in the opinion. A denial in the conjunctive is never sufficient as a traverse. Noyes v. Lane, 45 N. W. 328, 2 S. D. 55. As a defendant’s rights are adequately protected by a bond, the court should favor a continuancy, and not the dissolution of an attachment. Hicks v. Compton, 18 Cal. 210; Hunt v. Steese, 17 Pac. 920; High on Injunctions, § 1508. The burden of proving the allegations in the moying affidavit is on party…
1Opinion of the CourtKellam, J.
This is an appeal from an order discharging an attachment. The attachment was issued on an affidavit alleging that defendant “has sold, conveyed and disposed of his *76property with a fraudulent intent to cheat and defraud his creditors, and to hinder and delay them in the collection of their debts,, and. that debtor is about to remove his property with intent and to the effect of hindering and delaying plaintiffs in the collection of their debts, and that said debts were incurred for property obtained under false pretenses. ” Although defendant claims otherwise, we think the affidavit of the…
2Cases cited1 opinion
- Crow v. BeardsleySupreme Court of Missouri · 1878
3Cited by1 opinion
- Finch v. ArmstrongSouth Dakota Supreme Court · 1896