Thompson v. Friedberg

The affidavits, taken together, support the conclusion on which thé order of arrest was made, that the defendant had removed or secreted his property with the intent to defraud his creditors. When the arrest proceeds upon that fact, it is extrinsic to the cause of actión, and not to be stated in the complaint. That rule of practice has become perfectly well settled at the present time. The order of arrest should *520have been subscribed by the plaintiff’s attorney (Code, secs. 561, 562). The statute upon this subject is imperative. It has not been complied with in this case. The surety in the…