Williams v. Martin
Court of Appeals of Kentucky
CASE 9 — PETITION ORDINARY A1TEAL FROM WOODFORD CIRCUIT COURT. The facts of the case are stated in the opinion of the court. Argued, that the affidavit is sufficient, and cited Civil Code, sections 146 and 874. Argued, that the affidavit is sufficient, citing Civil Code, section 874; Rev. Stat.,p. 190, sections 15,16, and, 17. Argued, that the affidavit is insufficient, and cited Story's Eq.
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CASE 9 — PETITION ORDINARY A1TEAL FROM WOODFORD CIRCUIT COURT. The facts of the case are stated in the opinion of the court. Argued, that the affidavit is sufficient, and cited Civil Code, sections 146 and 874. Argued, that the affidavit is sufficient, citing Civil Code, section 874; Rev. Stat.,p. 190, sections 15,16, and, 17. Argued, that the affidavit is insufficient, and cited Story's Eq. Pleading, sections 24, 28, 241, and 256; Monroe vs. Cutter, 9 Dana, 96. Argued, that the affidavit is insufficient, and cited McDowell vs. Graham, 3 Dana, 73, and Longes vs. Kennedy, 2 Bibb, 607.
1Opinion of the Court
JUDGE STITES
delivered the. ohnion op the court:
Williams sued Martin and others for debt, and obtained an attachment to prevent the fraudulent disposition of their property. On the trial, he obtained a judgment, but his attachment was discharged, because of the insufficiency of the grounds presented by the affidavit, and he has brought the case up, complaining of the discharge.
The question is, whether the appellant has sufficiently alleged, in his affidavit, that the defendants were about to sell or dispose of their property, with the fraudulent intent to cheat, hinder, and delay.
The statement…
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