Berry v. O'Connor
Supreme Court of Minnesota
Action upon promissory notes. Upon an affidavit by plaintiff that the defendant had “assigned and disposed of a large portion of his property with the intent to delay and defraud his creditors, and that said defendant is about to assign and dispose of all the balance of his property with intent to delay and defraud his creditors and the plaintiff,” a writ of attachment was allowed and issued from the district court for Bice county, on October 19, 1883. Upon an affidavit by…
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Action upon promissory notes. Upon an affidavit by plaintiff that the defendant had “assigned and disposed of a large portion of his property with the intent to delay and defraud his creditors, and that said defendant is about to assign and dispose of all the balance of his property with intent to delay and defraud his creditors and the plaintiff,” a writ of attachment was allowed and issued from the district court for Bice county, on October 19, 1883. Upon an affidavit by defendant that the statements in plaintiff’s affidavit were wholly false in every respect and particular, an order to…
1Opinion of the CourtBerry, J.
Appeal from an order vacating an attachment issued •upon affidavits setting forth that defendant had assigned and disposed of a large portion of his property, and was about to assign and dispose of “all the balance” thereof, with intent to delay and defraud his creditors, of whom plaintiff was one. Upon a careful perusal of the affidavits used upon the motion to vacate, we are of opinion that, as respects the matters of fact in dispute between the parties, the affidavits read by plaintiff are fully met by those read by defendant, so that, so far as the order appealed from rests upon a…
2Cases cited6 opinions
- Jones v. Guaranty & Indemnity Co.Supreme Court of the United States · 1880
- Ackerman v. . HunsickerNew York Court of Appeals · 1881
- Boswell v. GoodwinSupreme Court of Connecticut · 1862
- Madigan v. MeadSupreme Court of Minnesota · 1883
- Minor v. SheehanSupreme Court of Minnesota · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Mackellar v. PillsburySupreme Court of Minnesota · 1892
- Bannon v. BowlerSupreme Court of Minnesota · 1886
- Kenneally v. Standard Electronics Corp.Court of Appeals for the Eighth Circuit · 1966
- Stitt v. Rat Portage Lumber Co.Supreme Court of Minnesota · 1905
- Nazro v. WareSupreme Court of Minnesota · 1888
11 more not listed; retrieve them via the Exa API.